Chapter 9 Outline answer to essay question

You should point out that in order to bring a claim for unfair dismissal, Doris must show that she is qualified and not excluded. For example, she should ensure that her complaint is submitted to the employment tribunal in time.
You should comment that, on the wording of the question, Doris could regard herself as either expressly or constructively dismissed. You might refer to Buckland v Bournemouth University [2010] (chapter 8, ‘Constructive dismissal’).
You should note that Doris could use s 92 ERA in order to request a statement of reasons for dismissal. However, it would seem that the real issue is the refusal to work extra hours rather than the place of work.
You should record that on these facts the failure to cooperate with the employer might be better classified as ‘some other substantial reason’ for dismissal rather than misconduct. You might refer to Hollister v National Farmers’ Union [1979] (‘Some other substantial reason’).
In discussing whether it was reasonable to dismiss under s 98(4) ERA, you should observe that Doris has given a good reason for not acceding to the employer’s request and that you have no information about whether it was feasible for someone else to cover the extra hours. You might refer to Anglian Homes Ltd v Kelly [2004] (‘Reasonableness in the circumstances’).
You should state that Doris has a right to notice under her contract or s 86 ERA, depending on which is more favourable.
You should mention the remedies that might be available to Doris for unfair dismissal and breach of contract.