LEGAL PRACTICE COURSE
Employment Law
Workshop 5
Topic(s):
Unfair dismissal
Learning Outcomes:
By the end of this session you will be able to:
Apply the qualifying criteria necessary to establish eligibility for unfair dismissal
Understand and apply the potentially fair reasons for dismissal
Apply the fairness in all the circumstances test, including fair procedure
Give practical advice to a client
Calculate a basic award calculation
Session Activities:
Give full advice to an employer about liability for unfair dismissal
Calculate a basic award
Materials Attached:
Task 1: memorandum dealing with eligibility issues
Task 2: memorandum requesting advice on dismissal scenario and basic award
calculation
Preparation for Session:
Review LG 3 and 4
Re-read articles on Practical Law entitled ‘Unfair dismissal: overview’ and ‘Unfair
dismissal: compensation and remedies’
Read ss. 92-95, 97, 98 and 108 ERA
Provide answers to Task 1 for discussion
Read the ACAS Code of Practice on Discipline and Grievance (in statute books)
Re-read Appendix 4 of the ‘ACAS guide to discipline and grievances at work’
Post-Session:
Consolidate your learning in the session
1/5
Task 1
Memorandum
From: Supervisor
To: Trainee
Date: [Day before workshop]
Client: Market Right Limited (‘Market Right’)
File: MRL 2889
We have recently been instructed by Market Right, a chain of estate agents based across
South London with 23 branches. There are 243 employees in total, including those at the
head office which is based in Bromley. Our contact, Amanda Wicks, is the HR Director.
Amanda has informed us that one of the estate agents at the Dulwich branch, Simon
Burgess, was dismissed from his position on 13 March this year and she would like advice
on Market Right’s potential liability for unfair dismissal. I’ve set out the facts below.
Simon had been employed as an estate agent at the Dulwich branch of Market Right since
January 2020. All of Market Right’s estate agents are set monthly sale targets. Market
Right’s formal improvement procedure sets out that if an agent persistently fails to meet their
targets for several months, their manager must start a process of improvement meetings, to
encourage and support the agent to achieve their targets.
Simon initially performed well in his role, being regarded as an enthusiastic member of the
team and always met monthly targets. However, his performance started to decline last
August since the birth of his first child. Simon’s manager, Jason Okoh, was initially
sympathetic to Simon’s situation in the first few months following the birth. However, by last
December, Simon was still not meeting his targets and Jason was starting to lose his
patience.
Jason took Simon out for a coffee on 7 January this year to discuss the issue directly with
him. Jason explained to Simon that he “expected more” of him going forward. When Simon
tried to explain that he was still struggling to sleep properly, Jason stopped him and said that
he wasn’t interested in hearing “any excuses”.
Following this informal chat, Simon worked as hard as possible to meet his targets.
However, despite his best efforts, he just missed his targets for January and February this
year. On 11 March, Jason handed Simon a letter inviting him to a meeting in his office on 13
March to discuss his performance. The letter is attached overleaf.
On 13 March, Simon attended the meeting at 9:30am. He did not bring a colleague with him.
Suzanne Brewer, a member of the HR team, was also present in the room. Jason asked
Simon why he was still missing his targets despite the meeting in January. Simon started to
explain that his performance had in fact improved over the last few months, referring to sales
statistics for January and February this year, but Jason interrupted him, pointing out that he
had still failed to meet his targets. Suzanne then informed Simon that the company was
terminating his contract with immediate effect as they had given him more than enough time
to improve. Later that day, Simon was given a letter confirming that his employment had
been terminated with one month’s pay in lieu of notice in accordance with his contract.
2/5
I’d like you to consider whether Simon is eligible to bring a claim of unfair dismissal,
and if so, what potentially fair reason the client might be able to rely on. Please also
consider the time limit for bringing the claim.
3/5
Market Right Limited
37 Abbey Street
Bromley
Kent
BR1 5DQ
Simon Burgess
74 South Street
London
SE15 3WS
11 March
Dear Simon
Performance Meeting
I am writing following our meeting on 7 January. I would like to invite you to attend a
meeting with me on 13 March at 9:30am in my office to discuss the recent deterioration in
your performance at work. As you are aware, you have failed to meet your targets since last
August. This situation cannot continue.
I would like to advise you of your right to bring a colleague of your choice to the meeting (if
you decide to do this, please let me know the name of your colleague in advance).
If there is anything which you wish to raise prior to the meeting or if the suggested time is
inconvenient, please let me know.
Yours sincerely
JS Okoh
Jason Okoh
Branch Manager, Dulwich
4/5
Task 2
Memorandum
From: Supervisor
To: Trainee
Date: [Date of workshop]
Client: Market Right
File: MRL 2889
Many thanks for your thoughts on whether Simon is eligible to bring a claim of unfair
dismissal and the potentially fair reason our client might be able to rely on. I’d be grateful if
you could now consider whether Market Right would be able to argue they had dismissed
Simon fairly, i.e. run through the ‘fairness in all the circumstances’ test including the
procedure followed. Please also give practical advice for the client, i.e. what are the next
steps?
Once you have considered the above, I’d be grateful if you could calculate his basic award.
Simon’s date of birth is 22 October 1987 and his gross annual salary was £44,720.
5/5
