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Riordan Manufacturing Employment Law Virtual Organization Employment Law
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Employment coursework 2008/9
Izzie started work as a part time receptionist at Spanner & amp; Sons through Work U Like employment agency on 1 July 2005. Her contract with the agency said that she should not work for anyone else during the time she was working with Spanner & amp; sons. She had to submit her time sheets to her line manager at Spanner & amp; Sons who forwarded them onto the agency. Izzie had to advise her line manager if she was sick or if she wanted to take any holidays. She was paid by the agency who deducted income tax and national insurance. In 2006 Spanner & amp; Sons paid all their workers including Izzie a bonus of & #163;200 for their personal contribution to the company’s record profits the previous year.
On the 3rd September 2007 Spanner & amp; Sons decided to open a new branch and advertised for a full time receptionist. Izzie was interviewed and got the job. She started on the 10th September. She was paid at the same hourly rate as before but was able to join the company pension scheme. She was also given free membership of a local gym and health insurance for her and her husband.
She was away from work for two weeks during November 2007 with a bout of ‘flu for which she received sick pay.
One day in September 2008 Tyson, a client of Spanner & amp; Sons came into the reception demanding to see the finance director who was not in that day. When Izzie explained this Tyson started shouting at her and shook his fist .Izzie firmly but politely told Tyson to leave. She got up to show him out and tripped over a telephone wire. In doing so she inadvertently pushed Tyson so that he fell backwards on to his bottom. At this point, Abbie the office junior came in.
Tyson made a formal complaint to the Managing Director and Izzie was summoned by letter to a meeting in 5 days time to discuss the assault which the letter said could result in dismissal. The letter also said that she could be accompanied at the meeting. Izzie did not think this was necessary. The letter was accompanied by a hand written statement by Abbie saying that “she had seen the “whole thing”” and one from Tyson. Neither Tyson nor Abbie was at the disciplinary meeting and neither had been interviewed. The meeting was conducted by the head of Human Resources, Turq. Izzie asked if they had examined the CCTV footage Turq said they hadn’t and it would have been taped over by now. At this Izzie became very angry and swore at Turq and left the room banging the door behind her.
The following day Izzie received a letter in the post dismissing her for gross misconduct. The letter informed her she had a right to appeal within 14 days.
Advise IZZIE.
I need Footnotes