Subject: Employment Advice for Ms Charlotte James Ref: CJ/3956521
Meeting with a new client, Ms Charlotte James (84 Jupiter Close, Cardiff, CF8 1TG).
Ms James was employed as an Architect for a company called A2Z Limited. She started working for the company on 22nd February 2018. However, she was summarily dismissed on 15th April 2021. Ms James has always enjoyed her work. She has a clean disciplinary record and her appraisals have always been good.
A week prior to her dismissal Ms James became engaged to her long-term boyfriend. When she told her work colleagues a co-worker called Ben Appleton said: “oh well another one bites the dust!” Ms James was a little taken aback by this comment but ignored it; she has never really got along with Mr Appleton as they are often in competition with one another for upcoming work projects.
On 15th April 2021 Ms James was called into a meeting with her manager, Mr Lance Truman. During this meeting, Mr Truman alleged that Ms James had been fraudulently claiming expenses. Ms James tried to protest her innocence; she denies ever fraudulently claiming expenses. She asserts that whenever she has claimed company expenses it has always been in accordance with the company’s Expenses Policy. She also confirmed that the only expenses she has ever claimed is business mileage when she had to drive to business appointments. However, Mr Truman would not listen and summarily dismissed her. Ms James has heard nothing from the company since.
I have checked and there is no company Disciplinary and Dismissal Policy for A2Z Limited. However, Ms James does have a 3-month notice period in her contract.
Please draft a letter to Ms James specifying:
what claims she may have against A2Z Limited; and
what compensation she would likely be awarded if she was successful in such claims.
Please assume that Ms James meets all eligibility requirements. You are also not required to undertake specific calculations in respect of likely compensation to be awarded.
Question 2
MEMORANDUM
To: The Trainee
Date: Today’s
Subject: Additional Employment Advice for Charlotte James Ref: CJ/3956521
Following your recent letter to Ms James, she has decided that she would like to bring an Employment Tribunal claim against A2Z Limited. She contacted ACAS to satisfy early conciliation requirements, but A2Z Limited were not interested in settling. I have drafted the ET1 except for sections 8.2 and 9.2 (see below), therefore, please can you draft sections 8.2. and 9.2 for me to insert into the ET1 form.
(20 marks)
Question 3
To: The Trainee
Date: Today’s
Subject: New client matter Ref: NM/2124562
We have been instructed by a new client (Mr Aiden Glass) who is seeking to set up a new company (called Riders). Riders will be an online taxi service whereby customers download the Riders’ app to book and pay for taxi journeys via their smartphones. The drivers will also need to download an app whereby all available jobs will be listed.
Mr Glass has contacted me as he wants to issue contracts to the drivers but is unsure what their employment status will be. He wants the drivers to be self-employed to limit the obligations Mr Glass will have towards them.
The information I have gathered from Mr Glass regarding the drivers is as follows:
The drivers will not be required to wear a company uniform and will need to provide their own vehicle; however, the vehicle will be subject to checks by the company including ensuring adequate insurance and service history
The drivers will not be able to appoint a substitute to perform duties on their behalf
The drivers can work elsewhere
The drivers are under no obligation to accept a job; however, the drivers do need to accept a job once every six months to allow them to continuing accessing the app
Mr Glass would like to retain a certain level of control over the drivers, including:
o Setting the price of the fare
o Authorising any refunds
o Specifying the route that the drivers should take to pick up passengers
o Monitoring all feedback provided by customers and dealing with any complaints received
• Mr Glass would also like the ability to dismiss any driver who falls below a certain minimum standard set by Riders, e.g. based on the number of cancelled trips and number of customer complaints received
I am meeting with Mr Glass next week. Therefore, please can you draft me a note to use in my meeting with Mr Glass next week analysing the employment status of the drivers.
(25 marks)
Question 4
To: The Trainee
Date: Today’s
Subject: Employment Advice for Rosie Evans Ref: RE/5421265
Call from new client, Ms Rosie Evans regarding an employment matter. Her address is 28 Bridge Street, Bridgend, CF31 1PF.
Ms Evans is a Marketing Manager for a firm of surveyors, based in Cardiff, called Support and Structure Limited. She has worked for the company for four years. Her role involves promoting the business and seeking new clients.
Ms Evans is good at her job. She is set monthly targets that specifies the number of new clients she must introduce to the company; each month she exceeds that target. On that basis, Ms Evans has been contacted by another surveying firm, also based in Cardiff, called Davies, Lloyd and Partners who would like her to join their team. The firm have asked whether she can start in one month’s time.
Her Personal Assistant Ms Emma Bridge has worked with Ms Evans since she joined, so she would like to take Ms Bridge with her when she starts with Davies, Lloyd and Partners.
She has a Contract of Employment with the company, but I am concerned about the restraint of trade clauses in her contract which I have set out below:
1. Unfair competition after the Employment ends
1.1 The Company is entitled to protect its confidential information, its goodwill and its trade connections from any unfair competition by the Employee. Therefore for 12 months after the employment ends, the Employee agrees not to:
1.1.1.1 seek business or custom from any person, firm or company who at any time during the 12 months immediately preceding the ending of the employment has been a customer or client of the Company;
1.1.1.2 attempt to persuade away from the Company any person who has at any time during the 12 months immediately preceding the ending of the employment been employed by the Company; or
1.1.1.3 be associated with, employed by or involved in any surveying business within 20miles of Cardiff.
Please could you draft a letter of advice to Ms Evans dealing with the following issues?
Is there anything in her contract that would prevent her from joining Davies, Lloyd and Partners
Is there anything in her contract that would prevent her from taking Ms Bridge with her
Whether you believe any clauses that may restrict the above, would be enforceable.
(20 Marks)
