Essay on Principles of Employment Law

3890 Words Feb 4th, 2011 16 Pages
1. Advise Michael to whether Richard is likely to succeed in any legal claim of unfair dismissal against the company and as to the nature of any remedies he may receive.

This case is primary based on several aspects, included in the Employment Rights Act. According to the text, we have a summary dismissal based on gross misconduct in the form of gross disobedience and insolence.
First of all, a case of dismissal is when the employer terminates an employee’s contract. The expiry of a fixed term contract is also considered as a dismissal. In contradistinction from this, a resignation is more likely to be considered as something different. Resignation is normally examined to be termination by the employee, not the employer, therefore
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A dismissal could be categorized as fair and unfair if several requirements are met. Dismissal is normally fair if the employer can show to the court that it is happening because of several reasons:

 A reason related to the employee’s conduct
 A reason related to the employee’s capability or qualifications for the job
 Because the employee was redundant
 Because statutory duty or restriction prohibited the employment being continued
 Some other substantial reason of a kind which justifies the dismissal
 That the employer acted reasonably in treating that reason as sufficient for dismissal

Unfair dismissal is a term used to show that the termination of the contract between the organization or the employer and the employee is unfairly terminated. Usually the contract itself and employment legislation are those who protect the employee of being dismissed unfairly. The right not to be unfairly dismissed aim to act as a constraint on employers who feel that they has the authority to hire and fire freely. The extent to which the law of unfair dismissal achieves the objective of constraining management favor is arguable. Gross misconduct, is primary used by employers to show and discus with the court the official cause of employee’s dismissal. This term is usually used when there is a serious misconduct. Often accusing of gross misconduct leads to instant dismissal of the employee. Acts which include this type of misconduct are those resulting in a serious

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