MRS NISREEN SABIR
Claimant
and
WBSL(UK) Limited
Respondent
LIST OF ISSUES
The parties agree that the following issues are for determination by the Tribunal:-
Does the Claimant have the right to claim unfair dismissal against the respondent specifically, was the Claimant an employee of the Respondent?
In the event that the Claimant was an employee of the Respondent; did the Respondent have a fair reason for the dismissal of the Claimant?
Did the Respondent act reasonably in treating that as a reason for the dismissal of the Claimant?
Did the Respondent conduct a reasonable investigation into the Claimant’s conduct?
Did the Respondent have a genuine and reasonable belief that the Claimant was guilty of the misconduct alleged?
Was the dismissal within the band of reasonable responses open to the Respondent?
In the event of any failure in procedure, is any alleged failure in procedure sufficient so as to render the dismissal unfair; or can the Respondent demonstrate that the dismissal of the Claimant would have ensued in any event?
Did the Claimant contribute to her own dismissal by reason of her culpable and/or blameworthy conduct (s. 123(6) Employment Rights Act 1996)? Has the Claimant failed to follow the ACAS Code of Practice?
Has the Respondent failed to follow the ACAS Code of Practice?
In either case, was any such failure unreasonable and if so, ought an uplift or decrease in compensation be awarded pursuant to s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992?
Is the Claimant entitled to compensation and if so, at what level?
Has the Claimant taken reasonable steps to mitigate her loss?
