Question
Belinda was employed for three years by Cane, Cobble and Proctor (CCP), an international civil engineering firm based in Kempston, England. Although Belinda often worked
Belinda was employed for three years by Cane, Cobble and Proctor (CCP), an international civil engineering firm based in Kempston, England. Although Belinda often worked overseas, her workplace varied, depending on where she was needed. During the past ten months, Belinda had been setting up CCP's new branch in Germany. CCP offers an excellent remuneration package, so Belinda was paid an annual salary of 52,000, which was paid into her UK bank account. She also received an overseas allowance of 2,000 per month, as well as four complimentary flights per year. During her time in Germany, Belinda became seriously ill and needed emergency surgery. She suffered complications from the surgery and could not work for five months. While Belinda was on sick leave, CCP discovered that she had lied about her qualifications on her job application. She had falsely claimed that she had a postgraduate degree in civil engineering. On discovering this, CCP immediately wrote to Belinda, terminating her contract.
Based on the above scenario and the knowledge you have gained on employment law on this module, answer the following questions with reference to case law
a) Identify and discuss what an individual has to prove in terms of employment status, in order to be eligible to claim unfair dismissal.
b) Critically assess whether Belinda can pursue a claim of unfair dismissal and wrongful dismissal based on the scenario above. In your response identify two ways in which a claim for unfair dismissal differs from a claim for wrongful dismissal.
c) If Belinda was able to make a claim for unfair dismissal, critically analyse what CCP must prove legally, to defend the claim of unfair dismissal.
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