Contract and employment Essay Example | Topics and Well Written Essays - 2000 words

Contract and employment - Essay Example There has been no express â€Å"garden leave† clause in her agreement. Clarissa had a very difficult divorce in 2011 and as a result of this her professional life suffered. She became careless and negligent with her work. In a major event which was attended by foreign governments (potential buyers), she left the trigger switch that fires the missiles in the office. Due to this demonstration had to be stopped. Even though this was a serious lapse from Clarissa, she was only given an informal warning and let off. She showed improvements after this. But in the re-scheduled demonstration, she programmed missile to fly for 100km rather than the 1 km that was planned. But the mistake was identified and the calculation revealed that even if the missiles had been fired they would have landed safely on a cow barn in Surrey. But after this negligence, the manager lost confidence in her and she was fired. The consequences of repeated negligence could have critical and more damaging. She was dismissed as per the contract with a six month notice and her employment contract would be terminated on 31st March, 2012. Also fearing the safety her colleagues, she was sent home on â€Å"garden leave†. During this period she was not required to work but would still be paid. She was not happy with this and complained unsuccessfully about â€Å"garden leave†. She was offered a job Flare Missiles on 1st January 2012. But the offer was valid only if she could join on February 2012. The first issue is if she can claim unfair dismissal compensation. In order to claim unfair dismissal compensation, an employee must have been employed at least for a year (i.e. 52 weeks)1. Clarissa fulfils this and hence she will be able to claim for unfair dismissal compensation. First there must be a fair reason for the employer to dismiss the employee. If the employer claims that the dismissal was on the grounds of a fair reason, then it’s his