Sunday, June 9, 2019

Employment Law Assignment Example | Topics and Well Written Essays - 2500 words

Employment Law - Assignment ExampleAn employee is deemed to have been wrongfully dismissed if there is no adequate reflection by the employer as per their booking twinge. Notwithstanding a breach of contract, unfair dismissals occur if they do not fall under bingle of the six fair reasons allowed by law. Besides, unfair dismissal occurs if the employer has not followed a fair procedure and has acted unreasonably in the dismissal of the employee. Under certain circumstances, employer must comply with the ACAS Code of Practice on Disciplinary and Grievance Procedure failing which the Employment Tribunal will find for the employee. The Tribunal has the discretion to adjoin the award by 25 % if the employer has not complied with the Code. Employees have the right to insist on reasons for dismissal in writing under section 92(1) of the Employment Rights prompt 1996. (ERA) since a written statement dismiss serve as evidence in any subsequent Tribunal proceedings. If the employer ha s not shown lawful reasons for dismissal, not followed the stria procedure and not given sufficient notice, the employee can claim unfair or wrongful dismissal. Requirement of a notice depends on the terms of employment contract i.e whether the employment is for a fixed occlusive or an indefinite period. If indefinite, the contract must have a provision for the period of notice by the employer or employee. In case of notice period mentioned in the contract, a reasonable notice is a must though the length of notice can vary according to circumstances and industry norms. However, an employer is required to give a statutory stripped period of notice i.e one weeks notice if the employee has worked continuously for one month or more only less than two classs. If the period of service is two years or more but less than 12 years, one weeks notice is required for each year of continuous employment. If the employee has worked for 12 years or more, employee is entitled to minimum 12 week s notice. This is regardless of any shorter period mentioned in a contract, though longer period than statutory period is allowed. A notice already issued cannot be withdrawn without a mutual consent. If there is no notice given by the employer, it will amount to wrongful dismissal entailing payment of damages analogous to the wages and benefits for the stipulated period of notice. In case of a PILON (payment in lieu of notice) clause in the employment contract, it will not amount to breach of contract if the employer has given money to the employee in lieu of notice. However, if the employee has committed serious or gross misconduct, summary dismissal without notice with immediate effect is justified. The seriousness or gross nature of misconduct will depend upon the circumstances. Theft, fraud, physical violence, serious negligence or serious breaches of health and safety rules atomic number 18 instances of serious misconduct. Examples are usually illustrated in the disciplinary procedure prescribed by the employer. For claiming wrongful or unfair dismissal, an employee must have put in one year of continuous employment with the employer. The qualifying period of employment has been increased to two years from the date of 6 April 2012. This will not apply to those employees whose qualifying period commences before 6 April 2012. A fair dismissal exists in the following circumstances as mentioned in section 98 (1) of the ERA Lack of dexterity or qualifications. 2. Misconduct by the employee. 3. Redundancy. 4. Retirement. 5 Breach of an Act in case of continued employment. 6. Any other reason of substantial nature. Even then, it is evaluate of an employer to follow a fair procedure to dismiss the employee as mentioned in section 94(4) of the ERA. Of these reasons, conduct on the part of the dismissed employees herein is of immediate relevance. In order to decide whether the employer has acted fairly in dealing with his employee

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