Hi, I need help with essay on Employment Law uk. Paper must be at least 1750 words. Please, no plagiarized work!
Besides, the fact that Bruce is a friend motivated Cathy to dismiss Abe without carrying out a fair investigation based on the assumption that Bruce has worked for the company for a long time hence he cannot be the guilty one. Therefore, Cathy has a burden to prove the allegation made against Abe. Distrust of a possible misconduct on crime is an instance where the employer has the burden to provide indisputable evidence that an employee is guilty even if the conduct violates the disciplinary code. In John Lewis v Coyne4, the manner in which the store handled the disciplinary issues was placed under scrutiny by the EAT over the concerns of Coyne using the corporation telephone.
It is after investigation has been conducted that Abe has been found not guilty while Bruce was the actual culprit. Therefore, Abe has a right to reinstatement, re-engagement or even compensation5. Compensation to Abe comprises of a basic award because this was a mistaken identity, which led to unfair dismissal Cathy might be ordered to pay Abe up to £76,700. Moreover, if Abe decides to add allegation of a breach of contract, Cathy might be ordered to pay an extra £25,000, which takes the probable compensation way up to £101,700.
In addition, since Cathy dismissed Abe unfairly it is possible for Abe to file a claim for loss in earnings and damage to image (defamation). In Addis v, Gramophone Co Ltd6 Mr Addis was unfairly and harshly discharged from his position as the manager of the defendant in Calcutta. During trial, he was given damages that exceeded the actual figure of his salary for the period he was given a notice as stipulated by law. The case in general was considered as having been ruled that the employee had no ability to be compensated for damages in connection to the manner in which the unfair discharge of duties occurred, for ruined image and feelings or for loss he may experience from the truth that by having been dismissed, it makes it hard for him to get