ELS Research: The English Legal Systems, Method & Skills

LEEDS BECKETT UNIVERSITY FACULTY OF BUSINESS & LAW
2015/16 SEMESTER 1
COURSEWORK
MODULE TITLE: English Legal Systems, Method & Skills
TITLE OF ASSESSMENT: Assessment 2
LEVEL: 4
COURSE(S): LLB (Hons) Law
ASSESSOR(S): Melissa Askew, Ade Dawodu, Nicola Farrell and Nicholas Kirkland
The Gisda Cyf versus Barratt court case involves an employment law case. Ms. Barratt, the respondent, claims to be dismissed from her workplace unfairly. The case had its first hearing and ruling before the Employment Tribunal. The employment judge made the decision regarding the case. However, the decision was appealed to the Employment Appeal Tribunal before the court of appeal judge. The study gets deeper into the findings, and the law procedure followed the basis of the appeal and final decisions made (Benard, 2012)
1)The appellant in the case under study is, Gisda Cyf, a small company that is dealing with delivering charity services. The respondent to the case is Ms. Lauren Barratt. She was suspended from her job due to allegations of her misconduct in a private party.
2)In the appeal case, the solicitor firm acting for Ms. Barratt is the Employment Tribunal. On the other hand, the solicitor acting for Gisda Cyf are the group of employers' organization.
3)The barrister representing Ms. Lauren Barratt is Mr. J C Hoult. Gisda Cyf, on the other hand, is described by Mr. Greatorex.
4)Ms. Barratt is dismissed on unfair grounds. Her dismissal was without timely notice. She claims that the dismissal letter was sent to her while she was away in London attending a crucial event. She, therefore, did not get the letter in time but could only access it after her return from London. Besides, she claims that her dismissal was also based on the sexual discrimination grounds.
5)The court is, therefore, asked to decide whether the dismissal was legal or not. In particular, it has to be legally determined the procedure, nature of communication and timeline in the process of terminating a contract by the employer to the employee. It is required that the active schedule of the contract termination of Ms. Barratt be fully decided. Furthermore, the claim of Ms. Barratt suspension on the ground of sexual discrimination is of great concern (Benard, 2012)
In the case, the Court is expected to interpret the law and establish a legal and fair framework of dismissing an employee. As it appears in most instances, there has been a disparity on the legal timeline between the period of communication and the dismissal time. Therefore, the effective date of job termination of Ms. Barratt is of great importance and sensitive in nature.
6) In the ruling by done by the Employment Tribunal and the Employers Appeal Tribunal, there is a conflicting understanding on the effective time of contract termination. The Employers' Appeal Tribunal maintained that the respondent had all reasons to read the letter. They further argued that the defendant had traveled deliberately to London to avoid reading the letter. However, the Employment Tribunal dismissed the argument by the Employers' Appeal Tribunal. Through Mr. Hoult, they insist that Ms. Barratt did not travel to London deliberately and even if he were informed of the letter, could still not have...