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Fine Ltd specialises in providing software to the financial services industry. It has two offices, one in Edinburgh and the other, its main office, in London. In January 20X3, Gus was employed as a software designer attached to the Edinburgh office. However, in May 20X4, Gus was informed that he was to be transferred to the head office in London, which is more than 350 miles from his usual workplace.
Gus refused to accept the transfer on the basis that he had been employed to work in Edinburgh not London. Consequently, on 1 June 20X4 he wrote to Fine Ltd terminating his contract with them.1.State whether Gus can claim compensation for unfair dismissal.
– Could you explain how Gus can compensate for unfair dismissal?
– To claim for UD,someone should be at least 2 years of employment. Here, the latter has been to work for about one year. Therefore how the claim can be successful?This is more aligned with constructive dismissal rather than unfair dismissal
In addition, it could be viewed as discriminatory in which case minimum periods of employment are set aside
What does the answer say … and why therefore are you asking me?
The answer says that Gus can claim for unfair dismissal.
-My issue is that to claim for unfair dismissal,someone should have atleast 2 years continuous employment. In the scenario, Gus has been working for about one year. Therefore how the claim can be successful?
Because for unfair dismissal on discriminatory grounds … the 2 year period is dispensed with
And it’s not really unfair dismissal is it? It’s constructive dismissal – asking someone to work in a location far distant than was originally intended.
Asking Gus to work in Falkirk? OK
Glasgow? Probably OK?
But London! No way.
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