Corporate Wrongs

Introduction

In the first case, Dianne believed she failed to secure the Fashion Consultant position at Maine Fashions due to her age, as all the other consultants were significantly older than her. In O’Reilly v BBC (2010), the BBC moved a program hosted by Miriam O’Reilly, a veteran TV presenter, to a less favorable slot and replaced her with younger presenters. Although the BBC’s actions were deemed legitimate in terms of broadcasting strategy, they were discriminatory against O’Reilly based on age (Age Discrimination, 2011). The Employment Tribunal ruled that the BBC’s decision, which was influenced by age, constituted age discrimination. This violates the Equality Act 2010, which aims to promote equality in the workplace by protecting employees from various forms of discrimination, including age (Acas, 2010). Dianne was adversely affected by this discrimination and subsequently failed to complete a design on time. Her employer, angered by this failure, fired her, which constitutes wrongful dismissal as the employer lacked a valid reason for her termination. Additionally, the employer failed to follow proper procedures during the hiring process. Dianne may therefore have grounds to sue for wrongful dismissal due to a breach of the employment contract.

In the second case, Chris, a salesman at RFJ Ltd, sold a Ferrari to Mr. Drake for £500,000 in cash from an offshore account. It was later discovered that Mr. Drake had used money obtained through criminal activities to make the purchase, constituting money laundering. This situation falls under the Proceeds of Crime Act 2002 (POCA), as using money acquired through criminal activities is a criminal offense (The Crown Prosecution Service, n.d.). RFJ Ltd should implement measures to verify the identity of its customers to prevent involvement in money laundering activities. High-value dealers, particularly those handling cash transactions for high-value goods like cars, are required to exercise customer due diligence as per the 2007 Money Laundering Regulations (Legislation.gov.uk, 2007). The 4th Money Laundering Directive also limits cash transactions for high-value goods to €10,000, which should have triggered a red flag in this case. Chris, as a skilled salesman, should have been aware of these regulatory requirements.

Conclusion

In summary, Dianne was dismissed from Maine Fashions after failing to complete a design on time. Dianne attributes her failure to age discrimination, as she believed her age affected her chances of being hired as a Fashion Consultant. Chris sold a Ferrari to Mr. Drake, who allegedly used proceeds from criminal activities for the purchase. This paper offers advice to Dianne, Chris, and RFJ Ltd regarding their respective situations.

Dianne’s case involves unfair dismissal due to her employer’s lack of a valid reason and failure to follow proper dismissal procedures. According to the Equality Act 2010, all employees should be protected from age discrimination in employment. Dianne may have grounds to sue Maine Fashions for wrongful dismissal, as the Act entitles employees to protection against unfair dismissal. The case of Norton Tool Co v Tewson (1972) supports that employees can seek damages for wrongful dismissal, including compensation for immediate and future loss of wages (Taylor & Emir, 2015). Thus, Dianne is eligible for compensation for her unfair dismissal.

In the second case, the use of funds obtained through criminal activities for purchasing goods constitutes an offense under the Proceeds of Crime Act 2002. POCA mandates that companies establish the source of their finances to avoid involvement in money laundering (Millington, Williams, & Millington, 2010). Chris might argue that he was unaware of the criminal background of Mr. Drake’s funds. However, RFJ Ltd must report the incident to the authorities to comply with legal requirements and avoid potential prosecution. The car should be confiscated, and Mr. Drake should be investigated for using proceeds from criminal activity.

 References 

Millington, T., Williams, M. S., & Millington, T. (2010). Millington and Sutherland Williams on the proceeds of crime. Oxford: Oxford University Press.  Top of Form

Taylor, S., & Emir, A. (2015). Employment law: An introduction. Oxford, United Kingdom: Oxford University Press.

Acas., 2010. The Equality Act 2010. [Online]. Available from http://www.acas.org.uk/index.aspx?articleid=3017 [Accessed 31 May 2017]

Acas., 2010. The Equality Act 2010. [Online]. Available from http://www.acas.org.uk/index.aspx?articleid=3017 [Accessed 31 May 2017]

Age discrimination., 2011. O’Reilly v BBC. [Online]. Available from http://www.agediscrimination.info/case-reports/2011/1/10/oreilly-v-bbc [Accessed 31 May 2017]

Legislation.gov.uk., 2007. The Money Laundering Regulations 2007. [Online]. Available from

www.legislation.gov.uk/uksi/2007/2157/pdfs/uksi_20072157_en.pdf [Accessed 31 May

2017]

The Crown Prosecution Service., n.d. Proceeds of Crime. [Online]. Available from

http://www.cps.gov.uk/legal/p_to_r/proceeds_of_crime_act_guidance/ [Accessed 31 May 2017]