Employment Law

This advice is prepared for Elodie in relation to her summary dismissal as an employee of Jumping Jack’s Day Nursery (the “Nursery”).   At the outset, we would ask to see Elodie’s contract of employment and other written terms such as a staff handbook, which govern her relationship with the Nursery.   This advice will consider statutory measures and case law together with the ACAS Code of Practice.  
In advising Elodie there is a need to firstly confirm her eligibility to bring an unfair dismissal claim and any other action.   Pursuant to s. 94 Employment Rights Act (“ERA”) 1996, all eligible employees have a right not to be unfairly dismissed.   Elodie has been continuously employed for more than one year,   and was dismissed by way of a letter from the Nursery dated 13 January 2014.   In order to commence unfair dismissal proceedings, Elodie must lodge an ET1 form within 3 months of the date of her contract termination with the Nursery.
Elodie has been employed for almost 4 years as a nursery assistant. From the facts, we are not aware of any previous warnings or disciplinary proceedings against her, notwithstanding the Nursery’s position that several members of staff had complained about her “confrontational and aggressive manner”.   There is also a need to establish what action the Nursery has taken again Elodie’s colleague Sam, and whether Sam has been dismissed.   There may be grounds for bringing a discrimination claim against the Nursery and this advice will consider the same.
So as to avoid the need to resort to proceedings it would be advisable to write to the Nursery seeking to negotiate a satisfactory resolution for Elodie, which may include reinstatement and compensation.   This would save on costs incurred by Elodie and the Nursery in litigating the matter in an employment tribunal.   This would also serve to alleviate any apprehension on the part of Elodie, especially given her age and at this early juncture in her career.
The Nursery will need to...