AD6801 Employment Law Continuous Assessment- Simon has been employed as a recruitment consultant with Richmond Recruitment Services for the past two years

Simon has been employed as a recruitment consultant with Richmond Recruitment Services for the past two years.   Last week there was an incident in the office when a candidate that Simon had advised, who had interviewed for a financial accounting job found out that he was unsuccessful in the interview and then proceeded to verbally abuse Simon, shouting that if Simon had prepared him better that he would have had a better chance of being recruited for the job.   When Simon tried to calm the candidate down, he threw a punch, which accidentally hit another worker, knocking her over.   Simon then threw himself on top of the candidate to restrain him, and the police were called to the scene.   Yesterday Simon was called to a meeting with his employer and was informed that the candidate was suing Richmond Recruitment Services for assault and that, in light of this action, his employers had no option but to terminate Simon’s contract with immediate effect.   Simon is furious at his employer’s actions and is considering suing Richmond Recruitment Services for unfair dismissal.

• List any four categories of workers who are not eligible to sue for unfair dismissal. (20)
• Discuss the nature of the duty imposed upon an employer to follow a set of fair procedures before dismissing an employee. In light of this discussion, assess whether Simon’s employer treated him fairly in effecting his dismissal. (60)
• Assuming that Simon is successful in his action for unfair dismissal, outline the main remedies that may be available to him. (20)