Workplace Harassment Legal Options

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ii have an issue more than * characters

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Attending Jarad Fletcher in relation to a new matter. Jarad is 24 years old. He works for Cheese * U Ltd. (“Cheese”). Cheese is located in Manchester and sells a range of different cheeses to individual customers and also to many hotels and restaurants in the North West of England. Many of Cheese’s orders are made online and delivered to customers but the company also has a retail shop which is open to members of the public.

Jarad was employed as a member of the sales team at Cheese’s shop. He tells you that he struggled to correctly identify different cheeses in the extensive range sold in the shop as he was not given any training. This resulted in a number of occasions when customers have been sold the wrong cheese in error. Jarad’s manager, Kieran, spoke privately to Jarad about his mistakes last month and said “how stupid can you be – everyone else working here knows which cheese is which – you are clearly an idiot.” Jarad felt Kieran’s words were unfair as Jarad had received no training but he did not say anything and just promised to try harder.

Last week, Jarad gave a customer, Alana, a ricotta cheese made from sheep’s milk, which Alana was allergic to. She had specifically asked for a cow’s milk ricotta. Alana suffered an allergic reaction when she ate the cheese. When she returned to the shop a few days later to complain, Jarad was working in the stockroom. The shop was full of customers and two of Jarad’s colleagues were working on the tills. Alana spoke to Kieran saying “Jarad nearly killed me, he is useless.” Kieran called Jarad from the stockroom shouting loudly “You idiot, I have told you before you are stupid - come here and apologise to the customer.” Jarad says he was horrified that the customers and his colleagues all seemed to be laughing at him as he apologised to Alana. He was so upset that he ran out of the shop and sent Kieran a text message saying “I quit my job. You will hear from my solicitors.”

Jarad feels that he had no choice but to leave his job because of the way Kieran humiliated him in front of customers and colleagues. His friend, Enzo, is a law student and has told Jarad he has a claim and will be entitled to compensation of around £* and an apology from Kieran personally. Enzo says Jarad cannot get any other remedy if he succeeds in his claim. Jarad did not receive any documents from Cheese relating to his employment. It was agreed orally, at the end of his interview, that he would work from 8am to 6pm Monday – Saturday every week with a * minute break at * noon and a * minute break at 3pm each day. It was also agreed that he would be paid a salary of £* gross, £* net each week. No other terms were discussed.

Your firm has a new client, Jarad Fletcher. His details are set out in an Attendance Note (Document A) below. Jarad tells you he began working for Cheese three months ago. Advise Jarad on the following: (a) The basis on which he can bring a claim of wrongful dismissal against Cheese and his prospects of success;