Employment law

Order Description 1) Fred owns several fast food stores, Chester Fried Chicken, in the suburbs of London. In each store, he employed cooks, counter-staff, and shift managers. All staff contracts contain a mobility clause, obliging them to work at any of Fred’s stores. Recently, Fred installed into each store a new Heaven-Penny cooker, which fries the chicken in larger quantities and so reduces the number of cooks required. In the Wimbledon store, Fred dismissed one of the counter staff and replaced her with one of that store’s cooks. Fred also closed the Epsom store recently, because of poor sales. Fred dismissed all the staff, despite there being several vacancies in his other stores. Finally, Miguel, a cook in the Clapham store, could not understand how to operate the new Heaven-Penny machine and refused to go on a training course provided by the manufacturer. Fred dismissed Miguel. Advise Fred as to whether each of the dismissals is because of a genuine redundancy. 2)Anna, Bhagwan, and Christine have been for at least three years joint managers of a large city centre betting shop, Fulchester Racing Ltd. Each earns £120,000 per year, and is entitled to 6 months contractual notice. Recently, the area manager, Donald, found that money has gone missing from the store’s safe. He summoned all three managers to his office, and announced that ‘One or more of you is dishonest, and you are all dismissed with immediate effect.’ An appeal was given to Anna and Bhagwan, but not Christine, because she was ill on the day the hearings were due, and Fulchester Racing refused to provide her another opportunity. In any case, Anna and Bhagwan’s appeals were unsuccessful. Following this, all three were charged with theft. The charges were dropped soon afterwards because Christine admitted that she had taken the money (‘to pay off her gambling debts’). Advise Anna, Bhagwan, and Christine as to any claims for Unfair and/or wrongful dismissal that they may have.

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