Legal services case studies
The following case studies are examples of how BVA’s legal services could help you.
The advice contained within them is specific to the individual cases and legislation at the time. Please seek expert legal advice via the helpline as soon as you become aware of any potential situation.
Case study 1 - case dealt with by the legal advice line
Our client, a veterinary practice, phoned us for advice and explained that they were experiencing problems with a longserving employee whose performance and attitude to work had markedly deteriorated. We advised that in such a case, they would usually have to address both issues through their disciplinary procedure which should provide for a sequence of warnings, with a chance to improve between each warning. We suggested the client continued to consult us throughout the disciplinary process. [Back to top]
Case study 2 - case suitable for mediation
Mrs D, a vet, phoned us to explain that she was currently on maternity leave and wished to reduce her hours of work. She had
made a formal request under the Flexible Working Regulations and had found someone who was prepared to “job-share” with her but her employers had declined her request because they were concerned about losing customers due to a lack of continuity of care for their animals. [Back to top]
We advised her that, by insisting that she work full-time or not at all, her employers could be guilty of Indirect Sex Discrimination because it is more difficult for women than men to comply with a requirement to work full-time. In determining whether Indirect Sex Discrimination had occurred, any Employment Tribunal would have to determine whether the employer’s insistence that she work full-time was a proportionate means of achieving a legitimate aim. We advised her to suggest to her employers that they try to resolve the issue through mediation.
Case study 3 - case suitable for referral to representation service
Miss S telephoned us. She started her first job in practice six months ago. The job did not go well. She felt she was not valued or given any responsibility. She was also concerned at some of the out-of-date practices going on. Things came to a head when she put her concerns about outdated practices in writing to her employer. She was sacked two days later. Her employer said he ended her employment as her work was simply not good enough. [Back to top]
We discussed her rights with her and helped her draft a grievance to her employer. The employer had not formally raised any performance concerns and the dismissal came soon after Miss S complained about the outdated practices. The grievance letter was conciliatory in its tone, but clearly set out her legal rights, including those in relation to whistleblowing. The letter stated that a tribunal claim would be forthcoming if the matter could not be resolved amicably.
The matter did not get resolved quickly, but discussions continued. We had to issue a tribunal claim on behalf of Miss S to ensure we complied with the strict tribunal deadlines. We were able to resolve the issue before the tribunal hearing. The employer gave Miss S a suitable reference, some compensation, and said they had been reviewing their induction procedure. Miss S had found another job by that time.
Case study 4 - case not suitable for referral to representation service
Our client explained to us that one of their vets had recently resigned and gone to work for a competitor, in breach of a restrictive covenant in her contract of employment. We advised that, provided they could show that the covenant was no wider than was reasonably necessary to protect their legitimate business interests, they could possibly pursue the exemployee for compensation as the covenant might be upheld by the courts. We also made them aware that before pursuing this further they should consider that the cost of court action can run into the tens of thousands of pounds which can be prohibitively expensive. Also there is no guarantee of success as each case is likely to turnon its own particular facts. [Back to top]