Can Carla File Claims Against Eeyore Donkey Sanctuary for Dismissal?

Question from amy, Can Carla File Claims Against Eeyore Donkey Sanctuary for Dismissal?

Answer from AI:

Employment Claims and Remedies for Carla

Carla, after being dismissed from her position as an animal keeper at Eeyore Donkey Sanctuary, has potential grounds to pursue employment claims due to the circumstances surrounding her dismissal. Below is an overview of her possible claims and the remedies she may seek if successful.

1. Unfair Dismissal Claim

• Eligibility: Carla is eligible to claim unfair dismissal as she has been employed for over two years, meeting the statutory requirement.

• Grounds for Claim: The dismissal appears to be unfair due to procedural flaws and potentially flawed reasons:

  • Procedural Flaws: The dismissal process was deficient. Carla was not provided with advance notice of the meeting’s purpose, denied the right to be accompanied, and did not receive written confirmation of her dismissal, violating the ACAS Code of Practice.

  • Flawed Reason for Dismissal: The sanctuary’s disciplinary policy exempts former employees from being considered unauthorized persons. Iulia, being a former employee, should not have been reported as unauthorized. The decision to dismiss Carla for not reporting Iulia may be unjust, as it misinterprets the policy.

2. Wrongful Dismissal Claim

• Breach of Contract: Carla’s dismissal may constitute wrongful dismissal due to the employer’s failure to adhere to contractual and statutory obligations:

  • Denial of Right to Accompaniment: The employer violated her right to be accompanied during the disciplinary meeting.

  • Failure to Provide Written Confirmation: The employer did not provide written details of her dismissal, breaching statutory requirements.

3. Potential Discrimination Claim

• Considerations: While not explicitly indicated, if Carla believes her dismissal was influenced by discriminatory factors (e.g., gender, age), she may explore a discrimination claim under the Equality Act 2010.

Remedies if Successful

• Compensation: For unfair dismissal, compensation may include a basic award (based on age, gross weekly pay, and years of service) and a compensatory award (for financial losses).

• Wrongful Dismissal Damages: These may cover unpaid wages, notice period, and other contractual breaches.

• Reinstatement or Re-engagement: While uncommon, Carla could seek to return to her job.

Next Steps

• Consult an Employment Lawyer: Given the procedural irregularities and potential merits of her case, consulting an employment lawyer is advisable to explore her options fully.

• Time Limits: Carla must submit her claim to an Employment Tribunal within three months of her dismissal.

In summary, Carla has strong grounds for unfair and wrongful dismissal claims. Consulting with an employment lawyer will help her navigate the legal process and determine the best course of action.