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Room 10 Creative Writing Coursework
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I am a second(2) year student on Law course(LLB Hons). I would like to order my coursework( Employment Law, 2500 words)and I would like to get it back during one(1) week.They are the titles of my coursework and there must be 3books & amp; sme websites for references:
Employment Law
Coursework
Word Limit: 2500 words (excluding footnotes and bibliography)
Notes for Students: 1. Please state accurately the number of words used in your assignment.2. You are reminded that your assignment must be your own work and that any quotations from both published and unpublished sources must be properly acknowledged with quotation marks, references or appropriate citation.3. Footnotes must not be used to introduce material that should be in the main text.4. You must include a bibliography in correct form.5. Assignments must be typed or word-processed.
You are a solicitor and have been consulted by Ali, who has been dismissed by Balmoral Computer Support. Balmoral provides technical advice and support to small businesses but has suffered recently from rival companies poaching staff and business from them. As a consequence, all employees were requested to sign fresh contracts of employment containing a number of new restrictive covenants.
Ali says that this was totally unexpected and was without prior consultation. He was given half an hour to read what he described as a complex document. When he asked to be able to take it away to read his line manager told him, abruptly, that he must sign it ‘there and then’ or lose the commission to which he was entitled. The new covenants were as follows:
Clause 8.1
& #167; The employee will not at any time during his employment recruit or attempt to recruit any employee or ex-employee of the company to work for him, or for any other person or organisation that he goes on to work for, either then or at any time in the future; nor will he do so for a period of 12 months after his employment has ended.
Clause 4.1
& #167; For 12 months after the employment ends, the employee will not work for any business, which is or is likely to be wholly or partly in competition with the company.
Ali refused to sign and was dismissed following a disciplinary hearing. He says that his employer sent him a letter setting out the reason for the proposed dismissal – that he refused to sign the new contract - but would not let his law student friend, Dave, accompany him at the meeting. Dave advised him that the best strategy in the law is to delay. Accordingly, Ali ensured that he could not attend the appeal hearing scheduled by his employer and kept making excuses why he could not attend when they were re-arranged. Eventually, Balmoral wrote to Ali stating that he had now exhausted the appeals procedure and was dismissed with notice.
Dave panicked when Ali telephoned to inform him of his dismissal, as he realised that the deadline for submitting Ali’s claim was due to expire at 12 midnight that very day. He completed the form on line for Ali and submitted it at five minutes to midnight. Unfortunately, it did not arrive on the server until five minutes past midnight and so was technically late.
Ali tells you that he relied on Dave to know the law and now feels let down. He still wants to pursue a claim for unfair dismissal. but is not sure he will now be able to do so because of the late submission.
Advise Ali:
(1) Whether Balmoral can change the terms of his contract by imposing new restrictive covenants.
(2) Whether the restrictive covenants are enforceable.
(3) Whether he is able to bring a claim for unfair dismissal even though he submitted the claim late.
(4) Assuming for the purposes of this question that Ali is able to bring a claim, what potentially ‘fair reason’ for dismissal is the employer likely to put forward AND what are Ali’s chances of in his claim for unfair dismissal?
(NB answer ALL the questions, which are equally weighted in marks. Use your own judgment to decide how many words to use for each question).
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