Document $1$ Note from Law Clinic Supervisor

From: : Law Clinic Supervisor To: Student Adviser

Re : Ahmed Rahman: Unfair Dismissal Claim

Date : $15$ April $2024$

I met with Ahmed Rahman who wishes to have advice about making a claim for unfair dismissal.

Ahmed works for Fast Box Ltd $($the Company$)$ as a delivery driver. He has worked for the Company for three and a half years and last year won the employee of the year award. He does not have a contract of employment but has been issued with terms and conditions which comply with s $1$ Employment Rights Act $1996($see Document $1).$ Ahmed$$s route covers a rural area and involves a lot of driving.

On $13$ March $2024$ he crashed a van into a tree on a narrow country road. Fortunately, he was not badly hurt but the van had to be taken back to the depot in a recovery vehicle and the repairs will cost several thousand pounds.

Ahmed returned to the depot in the recovery vehicle and was instantly seen by the depot manager who was furious. He told Ahmed on the spot that he was fired and that he had to leave the yard. The manager used foul language and was very aggressive. Ahmed$$s dismissal was confirmed by letter $($see Document $2).$

The following day Ahmed went to see his General Practitioner to get himself checked over. He was found to have mild whiplash for which he was given painkillers and advice. He described the way in which the accident happened to the doctor, who carried out a further examination and diagnosed an inner ear condition which can cause dizziness and fainting. Ahmed was given medication for this. He was advised that the condition would clear up and is unlikely to reoccur. It is likely that getting dizzy at the wheel of the van was the cause of Ahmed$$s accident.

Armed with this information, Ahmed appealed against the decision to dismiss him $($see Document $3)$ but as the Company is still angry at the damage to the van, his appeal was not upheld and the decision to dismiss was upheld $($see Document $4).$

Ahmed thinks that he has been treated unfairly and seeks legal advice. He has read some information on the ACAS website and thinks that he might have a claim for unfair dismissal.

Ahmed came to the Law Clinic today for advice on his situation. Would you please read the documents which he has brought in and write me a summary of the advice $($in memo form$)$ of the advice you think Ahmed should be given and the reasons for it$.$

Please draft the memo advising the Law Clinic manager on the following points:

$1.$ Whether Ahmed has a claim against the Company and what this claim could be for.

$2.$ If you establish that Ahmed has the right to make a claim, why you are advising him to make a claim.

$3.$ Are there any dates by which a claim should be made at the Employment Tribunal?

$4.$ What sort of compensation could Ahmed be awarded if his claim is successful?

Note: you do not need to consider any claim Ahmed may have for wrongful dismissal.

Please include reference to relevant case law and statute.

$$

Document $2$ Statement of employment

$1.$ START OF YOUR EMPLOYMENT

$1\mathrm{.}1$ Your employer is FAST BOX LTD of Martha$$s Yard, Gillingham Road, Shaftesbury, Dorset SP$129$TP$.$

You, the employee is AHMED RAHMAN of $2$ Cherry Orchard, Gillingham, Dorset DT$49$QR$.$

$1\mathrm{.}2$ Your employment with us started on the $13$th October $2020.$

$1\mathrm{.}3$ No employment with a previous employer counts towards your period of continuous employment with us$.$

$1\mathrm{.}4$ No probationary period applies to your employment.

$2.$ JOB TITLE AND REPORTING LINE

$2\mathrm{.}1$ You are employed as a Delivery Driver and report to the Transport Manager, or to an alternative person as nominated by the Depot Manager, from time to time.

$3.$ PLACE OF WORK

$3\mathrm{.}1$ Your normal place of work is Martha$$s Yard, Shaftesbury or such other place within a reasonable radius of Shaftesbury as we may reasonably determine.

$4.$ PAY

$4\mathrm{.}1$ Your salary is $24,000$ per year which shall accrue from day to day at a rate of $1/365$ of your annual salary. This daily rate shall be used if we have to calculate a day's pay $($for example, if you take any unpaid leave, which is not subject to any specific method of calculation set out elsewhere in this contract$).$ Your salary shall be payable monthly in arrears on or about the $27$th of each month directly into your bank or building society account.

$4\mathrm{.}2$ You are not entitled to any benefits during your employment.

$5.$ HOURS OF WORK

$5\mathrm{.}1$ Your normal hours of work are between $8$am and $6$pm Mondays to Fridays inclusive, with a lunch break of one hour. These hours and days are not variable. However, you may be required to work additional hours as may be necessary for your round to be completed. Additional hours are remunerated at the rate of $1\mathrm{.}5$ x your hourly rate.

$6.$ HOLIDAYS

$6\mathrm{.}1$ The Company's holiday year runs between $1$st January and $31$st December. If your employment starts or finishes part way through the holiday year, your holiday entitlement during that ye