Employment Law - Practice Paper 2

"The law of wrongful dismissal is an inadequate remedy for employees and has been largely superseded by the statutory unfair dismissal regime." Critically assess this statement, considering the differences in scope, qualifying conditions, and remedies between the two claims.

Nadia works as an accountant for a mid-sized firm. She is diagnosed with clinical depression and takes three months' sick leave. On her return, her employer fails to adjust her workload despite her GP recommending a phased return. She is given the same targets as colleagues who have not been absent. She struggles and receives a written warning for underperformance. She also discovers that a colleague made comments about her being "unstable" and "a liability" to other team members. Nadia resigns, stating she can no longer tolerate the working environment. Advise Nadia on all potential claims.

Critically analyse the protection afforded to whistleblowers under Part IVA of the Employment Rights Act 1996. Does the current framework provide sufficient protection, and what reforms might strengthen it?

Sofia, a Polish national, has worked as a hotel receptionist for LuxStay Hotels Ltd for six years. She requests to work part-time following the birth of her child. Her manager refuses, saying "reception must be covered full-time" without considering alternatives such as job-sharing. Two months later, Sofia is dismissed for redundancy when a new automated check-in system is installed. A male colleague in the same role is retained. During her exit interview, the manager says "it's probably better for you — you can focus on the baby." Sofia also discovers she was paid £2 per hour less than her male predecessor in the same role. Advise Sofia on all potential claims.

Analyse the law governing restrictive covenants in employment contracts. How do the courts balance the employer's legitimate interest in protecting its business against the employee's right to work?