Unfair Dismissal

Question 1

Unfair dismissal

Answer 1

A claim for unfair dismissal is a right given by statute - the employment rights act 1996.

In order to claim for unfair dismissal the employee must show:

i) he is eligible to claim
ii) that he was dismissed
iii) there was no fair reason for the dismissal
iv) the employer acted unreasonably

Question 2

Eligible

Answer 2

Unfair dismissal only applies to employees and not independent contractors.

Those employees who have reached retirement age and those that are employees of the Crown are also not covered.

To be able to claim the employee must have worked for the employer for a continuous period of 12 months if employment was started before April 2012 and 2 years of employment commenced after that.

Question 3

Dismissed

Answer 3

Dismissal does not have to be in writing, it can be given orally.

Futty v Brekkes (1974)
The employee worked at Hull docks as a fish filleter and during an argument the foreman said “If you do not like the job you can f–k off”. The employee left and claimed UD.
HELD: the employee terminated his own employment - context of language

Constructive dismissal - this means that the conduct of the employer forces the employee to leave, like being abused by the employer - you can claim UD

Question 4

Remedies for unfair dismissal

Answer 4

1. Re-instatement: the employee is given their old job back - same contractual terms
2. Re-engagement: the employee is given another job which is similar to the job they did - different shift, different department, different contractual terms
3. Compensation: this is money compensation and is partly based on how long the employee has worked for the employer

Question 5

The human rights act 1998

Answer 5

This has an important effect on this area of law and in particular Article 6 ECHR which says that people have a right to a fair trial