John started work at The Beach House, a five$-$star restaurant in Oxford, in November $2007$ as

a waiter. He was good at his job and was rapidly promoted to become the senior waiter.

The Beach House prided itself on providing a healthy working environment for its

employees, however in the spring of $2014$ there was a shortage of competent waiting staff

and John became very stressed due to overwork. The working relation was not helped by a

difficult relationship with the restaurant manager, Mr$.$ Rico. John developed stress$-$induced

eczema and took six weeks$$ unpaid leave to visit his parents in Germany.

On his return his difficulties continued. He burnt his hand whilst serving a customer and was

off for three weeks but received no sick pay. John repeatedly asked Mr$.$ Rico about it but he

refused to authorize it$.$

Company policy required a six$-$month appraisal for each employee. John has not had one for

the last two years. Whenever he asked Mr$.$ Rico about it he was always met with excuses.

At the beginning of December $2014,$ during a busy shift, John removed a pre$-$purchased but

unopened bottle of wine from a table which had just been vacated by a party of diners and

took it to the kitchen. He was confronted by the assistant manager and told that he should

have obtained permission to do this and received a written warning about his conduct.

At the end of January $2015$ John was confronted by Mr$.$ Rico when eating food from the

metal cooking tray he was taking to the washing up station in the kitchen. He was told that it

was a new rule that staff were not to eat in the kitchen during working hours. John lost his

temper and using a few choice expletives, shouted that he had not been told about the new

rules and anyway other staff had eaten food during work time and had not been reprimanded.

John was sent home immediately. The next day he received a phone call from Mr$.$ Rico

telling him not to come back to work as he was being dismissed for gross misconduct.

Answer the following questions with reference to above case.

Advice John on whether he can bring any claims against his employer and what remedies he

would be entitled to if successful with following terms of reference.

a$.$ Qualification on the period of employment. $(6$ Marks$)$

b$.$ Unfair Dismissal. $(6$ Marks$)$

c$.$ Breach of Contract$/$Wrongful Dismissal. $(6$ Marks$)$

d$.$ Statutory Sick Pay$/$Unlawful Deduction from Wages. $(6$ Marks$)$

e$.$ Time limits for the remedies.