REZOLVAREA EXERCITIILOR LA ENGLEZA – EMPLOYMENT LAW

Ex1/pag 103 – Composition

2. An employee normally requires one year’s service – to be eligible to claim unfair

dismissal.
3. An unfair dismissal claim must be issued – within three months.
4. An unfair dismissal claim is heard at – an Employment Tribunal.
5. An employer should permit an employee to – state his case when considering
dismissal.
6. An employer suspecting misconduct should – investigate the circumstances.

Ex2/pag 105 – Comprehension

1. State the commencement date (16.03.2003) and termination date (26.04.2007) of

Charles Scoville’s employment with Bannerman and Law.
2. What was Charles Scoville’s job title with Bannerman and Law? He was a legal
cashier.
3. What reason was Charles given for his dismissal? He was accused of stealing
several million pounds of client monies.
4. Is the reason given for dismissal one of the legally acceptable reasons for
dismissal? If so, which one? Yes. Conduct.
5. What led the Senior Partner to believe that Charles had stolen from the firm? The
Senior Partner saw that Charles had a new Ferrari, which was a very
expensive car that Charles couldn’t afford to buy from his salary.
6. What explanation has Charles provided for the allegation made against him? He
claimed he was the winner of a large sum of money on the National Lottery
several days previously.
7. What proof has Charles obtained in support of his explanation? He got a letter
from the National Lottery confirming his win.
8. State in a few sentences why you would contend that Charles has been unfairly
dismissed.
Charles has been unfairly dismissed because his employer has no proof that
could sustain his decision. He just supposes Charles of stealing, because he
saw that his employee has had a very expensive car.
Ex 3/pag 105 -108 (la 108 este textul respectiv)

I began employment with Law and Bannerman (‘the Respondent’) on 16 March

2003. I was employed as a legal cashier, working in a team of four within the
Respondent’s accounts department. My work principally involved double-entry book-
keeping of the firm’s client account and client ledgers. The Respondent is an international
law firm, having several overseas offices.
At my annual appraisal meeting in March 2007 I was told by my manager that
management were very pleased with my work. I was givern a pay rise to reflect this. I
have never received any disciplinary warnings.
However on Monday 26 April 2007 I arrived at work as usual at about 8.50 a.m.
I am in the habit of driving to work since there is a staff car-park. I just parked and was
entering the building when I suddenly confornted by Mr Henry Moore, the Respondent’s
Managing Partner. He started shouting at me. I was shocked and confused. Then he
suddenly told me I was sacked. I tried to reason with him but he was too angry to listen.
Cuvintele pentru celelalte spatii sunt: (12) arrived, (13) informed, (14) explained,
(15) dismissed, (16) contend, (17) denied, (18) to provide.

Ex 4/pag 109

1. The Respondent is a city firm of solicitors with its head-office in London and four
overseas offices. The firm has 40 partners and approximately 22 associate solicitors. The
Respondent specialises in international corporate and commercial work.
2. On 26 April 2007 the Respondent’s Managing Partner, Henry Moore, became aware
that £2 million had been misappropriated from the firm’s client account. It was essential
that the source of this theft be ascertained without delay in order to safeguard the firm’s
reputation.
3. The Respondent denies that the Applicant was unfairly dismissed as alleged. The
aforesaid Henry Moore made a valid managerial decision to dismiss the Applicant based
on reasonable suspicion of gross misconduct. It was reasonable for Henry Moore to come
to the conclusion that the Applicant had stolen the missing £2 million. The Applicant was
ostentatiously displaying wealth, having arrived at work on 26 April 2007 in a new
Ferrari motor car. He did not explain to the Respondent that he had won the National
Lottery. The Applicant was therefore responsible for his dismissal as a result of his own
actions.
4. Convening a disciplinary hearing would have been fruitless in the particular
circumstances. The Applicant was therefore summarily dismissed on 26 April 2007. The
Respondent had reasonable grounds to believe that the Applicant was guilty of gross
misconduct. The Respondent was accordingly entitled to dismiss the Applicant, the
dismissal being fair and reasonable in all the circumstances.
Ex 5/ 113

1. call for the witness 3. take down a statement

2. draw up a court order 4. sue for damages

Ex 6/113

1. strongly suggest 5. extremely fruitful 9. deliberately mislead

2. extremely generous 6. substantially increase 10. refrain from
3. solemnly declare 7. severely injured 11. dismissed without notice
4. successfully defended 8. totally objective 12. settle out of court

Ex 7/114

(1) applicant (5) dismissal (9) mitigate

(2) Employment Tribunal (6) disciplinary hearing (10) award
(3) instructions (7) misconduct (11) damages
(4) unfairly dismissed (8) prospects of success (12) settlement

Ex 8/116
(c) aggressive form (‘A’)
(d) diplomatic form (‘D’)
(e) aggressive form (‘A’)
(f) diplomatic form (‘D’)

Ex 12/124
Task 1
1. Henry Moore said that he had got the Ferrari driving swindler.
2. Scoville was told that he was being dismissed immediately.
3. He read the article in the local newspaper about the firm winning a case.
4. Charles Scoville said that he had been dismissed from his job recently.
5. The solicitor said that she would try to negotiate a settlement for him.
Task 2
1. ‘How do you account for the Ferrari in the car-park?’
2. ‘You are being dismissed so return the office keys immediately.’
3. ‘You have a meritorious claim for unfair dismissal Mr Scoville.’
4. ‘Bannerman and Law have treated Mr Scoville reprehensibly and I have no hesitation
in declaring that Mr Scoville has been unfairly dismissed.’
5. ‘I am pleased with the Tribunal’s award of £18,000.’