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Avoid the Hustle

Employment lAW

Category: Law

Part A

Sara Mohammed was employed as an Accounts Clerk by Bright Eyes Opticians. She previously worked for Spec Ravers for 4 years before the business was purchased by Bright Eyes Opticians six months ago, 5 August 2014. Bright Eyes took over all of the clients and the premises. Sara and all the staff have continued to work in their same jobs since that time and on their existing terms of employment.

In January 2015 there was a drop in Bright Eyes’ business following the opening of a large optician store nearby selling glasses and contact lenses at discounted prices. On the 15 March 2015 the senior partner, Mrs Jane Spurret called Sara to a meeting at which she informed Sara that, out of the 3 accounts staff, she had been selected for redundancy. Mrs Spurret informed Sara that she was not entitled to a Statutory Redundancy payment as she had not been employed for two continuous years and was only entitled to 1 weeks’ notice which she could work.

Advise Sara Mohammed:-
(i) whether or not she has any claim(s) against her former employer Bright Eyes Opticians and, if so, identify these,

(ii) any possible remedies available to her in light of your answer to (i) above and

(iii) any relevant pre-action steps required before issuing proceedings and details of the procedure itself and any costs considerations for Sara as a result.
Part B

It is June 2015. Sara Mohammed has obtained a new job with Clear Sight Opticians as a receptionist. She has been working for them for one month. Following some recent tests carried out by her doctor due to Sara experiencing severe joint pains, she, has been informed that she has arthritis. This is a recognised medical condition and she has been told that this condition will remain with her for life and, indeed, will worsen in time. Also, Sara has been told that this will severely impact on her co- ordination skills, including her typing duties at work, and movement. Sara has informed her employer.

Explain:-
(i) which protected characteristic this condition may be considered under the Equality Act 2010

(ii) identify the required criteria in relation to (i) above and apply them to the facts to determine whether or not Sara’s condition sufficiently complies with these.

(iii) any subsequent duties on the employer that arise in light of Sara’s condition.