Write a maximum 1500 word report addressing the TWO questions below after following the brief.
Report Requirements
Business Scenario
a) Chris a tour operator at Legacy Tours Limited was injured while on company’s overseas tour in Egypt, he now threatens to sue his employer in negligence.
b) Derek, who was responsible for risk assessment, received an important file from her junior marketing campaign staff, Erica containing derogatory statements from several customers. Erica, who has been with the Legacy Tours Limited since 2012, is concerned about the potential health and safety scandal arising from this. Erica told Derek, her line manager, saying she cannot keep this information to herself, requesting action, Derek told Erica that she should not worry, it is fine, and that if she is not happy then she can leave. Three days later, Erica receives a letter telling her that she is dismissed.
Advise the parties below on the UK law of Negligence and Employment Law:
1. Discuss how the courts determine in negligence whether there was a duty of care and breach of the duty of care.
2. What claim in employment law can Erica make and how might Legacy Tours Limited defend Erica’s claim?
