Case study Example | Topics and Well Written Essays - 750 words - 50

Case Study Example The duration is beyond the qualifying period set forth under Section 108 of the Employment Rights Act 1996 (ERA 1996) for claiming unfair dismissal. 3. The Claimant spent most of the time driving long-distance trips as he is the most experienced driver in the Company. On Fridays, he normally worked in the office and dealt with administrative work. He usually worked a 40-hour week. 4. On 9 May 2014, the Claimant was responsible for the Oxford Blenheim Palace Tour Weekend Trip. He had to drive back from Oxford to Mumford with 48 customers on his coach after a weekend at Oxford. The Claimant has driven this route several times before and is familiar with both the itinerary and the motorways. 5. At around 5:45 pm, the Claimant’s mobile phone rang. The Claimant was driving the coach at the time. He is aware of the Company’s policy on mobile phones, namely that only hands-free kits are permitted whilst driving. However, the Claimant could not find his hands-free kit that day. He could see that it was his wife who was ringing him. His wife knew his work schedule well. It was unusual for his wife to ring him whilst he was driving so he decided to take the call. The Claimant’s behaviour fell below the ethical standards of practice which he swore to protect. Besides paragraph 3 of ACAS 2015 leaves open the Client’s response to employee misconduct, which in this case, was commensurate with summary dismissal. 6. The Claimant spoke to his wife for about 2-3 minutes on the phone. The Claimant’s wife had slipped in the bathroom. Although she was uninjured, she was shocked and just wanted some reassurance. The Claimant provided as much support as possible on the phone and told his wife that he had to hang up as he knew that he would be risking the passengers’ safety if he continued talking on the phone. The duration on the phone may be fair considering the emergency call. However, the fact that the