Nobody downloaded yet

Unfair dismissal law in the UK - Essay Example

Comments (0) Cite this document
Summary
The advancement of unfair dismissal law in the UK has seen it develop from 1971, with the country relying on the British common law to constitutional…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98% of users find it useful
Unfair dismissal law in the UK
Read TextPreview

Extract of sample
"Unfair dismissal law in the UK"

Download file to see previous pages It is the somewhat a term that workers would like their contracts to have, but cannot claim, since it is a buyer’s market for labour, and workers tend to view the exploration for work as a contest with other potential human resources. This essay provides insights on the unfair dismissal law in the United Kingdom.
Similarly, it would be inept, for a prospective worker to make inquiries at an interview when seeking employment about the degree of misbehaviour the company can tolerate before the worker is discharged. The inequity of bargaining command is an attribute of the majority of jobs contract. There exists a body that deals with grievances that arise between employers and the employees called the Employment Tribunal (ET).Latreille, Latreille and Knight (2005, pg. 325) affirms that the ET is an autonomous judicial organisation founded to determine disagreements between a company and workers regarding employment civil liberties. The ET hears allegations concerning employment issues such as unfair dismissal, unfairness, wages and redundancy costs.
A number of rationalisations for the law are usually presented to intercede the unfair dismissal law in the management’s capacity to manage its dealings such as rectifying the inequity in bargaining command between the company and workers; shielding possessions right that workers boast, or should boast, in their occupations, defending the decorum and independence of the workers. The paramount clarification is perhaps provided by Hugh Collins when he asserts that the aim of unfair dismissal law is inclined at presenting some level of security to the decorum and independence of workers in the perspective of the job contracts and probable release (Collins, Ewing and McColgan, 2012, pg. 48). The fortification of these values is not indefinite; whereby in various instances the fiscal effectiveness and administrative prudence get priority, ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Unfair dismissal law in the UK Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
Unfair dismissal law in the UK Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/human-resources/1694621-unfair-dismissal-law-in-the-uk
(Unfair Dismissal Law in the UK Essay Example | Topics and Well Written Essays - 1250 Words)
Unfair Dismissal Law in the UK Essay Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/human-resources/1694621-unfair-dismissal-law-in-the-uk.
“Unfair Dismissal Law in the UK Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/human-resources/1694621-unfair-dismissal-law-in-the-uk.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Unfair Dismissal and Redundancy
...?Unfair Dismissal Definition As discerned from the Employment Rights Act 1996 (ERA), a dismissal is fair if it fulfils these two conditions; the reason for dismissal is fair and the process of dismissal is fair and reasonable. Thus, unfair dismissal is the termination of an employee’s contract by an employer based on unjustifiable reasons and through an unfair and unreasonable process. Definition of an ‘employee’ One of the most significant considerations in the fairness of a dismissal is the legal definition of an employee. An employee is one who has entered into, or works under a...
4 Pages(1000 words)Outline
Dismissal: fair or unfair
...amounting to a dispute which can be settled by an employment tribunal or the court of law (Selwyn, 2008). The employer is not supposed to terminate such a contract without a written notice to the employee and without justification as it amounts to unfair dismissal but it depends on the type of employment relationship that exists between employer and employee. The employee may file for unfair dismissal with the employment tribunal which then investigates the facts and determines the outcome and if it is established that the employee was unfairly dismissed, he/she may be reinstated or compensated. Tom a personal trainer for Unfit ltd had...
6 Pages(1500 words)Essay
Employment Law:rights and obligations; health and safety; dismissal requirement; penalties on unfair dismissal
.... The employer should be careful and act fairly while terminating an employee. Lack of decision or to set aside the employment rules and regulation in dismissing the employee may culminate the sizable award of compensation from the competent court of law. It would be unfair on the part of an employee to terminate the services of an employee without taking into consideration the length of service of an employee for one of the given reasons a) trade union activist b) maternity leave c) irresponsible behaviour due to ill health d) refusal to do the assigned task e) transfer to other department due to poor performance16. It would also be an unfair on the part of an employer...
7 Pages(1750 words)Essay
Unfair Dismissal
...in the employment tribunal was eliminated. The instituted rule from the Supreme Court (House of Lords) decision in 2006 case Lawson v Serco Limited was that those employees residing out of UK can merely rely on English law of unfair dismissal law in very limited circumstances as mentioned below: Peripatetic or mobile employees like air host/ hostess, can rely on UK unfair dismissal statute if they are based within UK. Expatriates that are based completely out of United Kingdom but were recruited within United Kingdom under special circumstances such as foreign correspondent of English...
10 Pages(2500 words)Essay
Employment Law Problem Question: Contractual Terms, Contracts, Unfair Dismissal. United Kingdom law
..., it will be wise to acquire reasonable understanding about the laws and regulations affecting unfair dismissal in the UK. Accordingly, unfair dismissal is considered to be statutory right that permits employees with one year service or more with a right to lodge complaint to Employment Tribunal stating that they have not been treated fairly by their employers. It is worth mentioning that employees’ interests are safeguarded against the unfair dismissal under the Employment Right Act 1996 (Thompsons McClure Solicitors, 2012; Pollert, 2005; Corby, n.d.). According to the Employment Right Act 1996, an employee can be dismissed based on the grounds which are represented below: Lack of capability to perform job Redundancy Misconduct... ?...
8 Pages(2000 words)Assignment
Unfair Dismissal Report
..., and various managerial level employees who were witnesses for Rheem Australia Pty Limited, the respondent. The Workplace Relations Act 1996 (the Act) allows an employer to lawfully dismiss an employee provided the dismissal is not: 1. Harsh, unjust or unreasonable (unfair dismissal); 1 2. in breach of discrimination provisions (unlawful termination); and/or 2 3. in breach of minimum notice provisions (unlawful termination). According to the Act, an unfair dismissal occurs when an otherwise lawful termination of an employee is judged to be "harsh, unjust or unreasonable" (s170CG(1)(b)). Unfair...
10 Pages(2500 words)Essay
Unfair Dismissal and Trade Unions
...Unfair dismissal and Trade Union problem question Almost every nation in the world has existing laws with regards to the workforce especially, theemployees and laborers to keep them from exploitation, underpaid and over worked jobs, security of tenure and other related benefits and incentives. Should these provisions be violated then the rights of the workers are not addressed upon and this sometimes is the cause of picket, strikes and similar occurrences which halts the production of the company which do have an adverse effects on the economic side of a certain country. Majority of the countries particularly the industries and companies inside it deems that the workers and laborers are...
8 Pages(2000 words)Essay
UK employment law on unfair dismissal
...Q) Would UK employment law on unfair dismissal protect the following from dismissal: a) Bill; b) The various nannies who work in the Mandox household? In order to consider whether Bill and the nannies are protected from dismissal under UK employment law, it will be necessary to evaluate whether they satisfy the legal requirement of being an employee, which is essential to any claim for wrongful and/or unfair dismissal under UK law. The legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA)...
6 Pages(1500 words)Essay
Unfair Dismissal
...in the court of law. (b) Contractual Stipulations: According to Employment Rights Act 1996, an employer may terminate the job of an employee if such conditions have already been included in the contracts both parties agreed upon at the onset of their industrial relationship: that is, if the term of employment has been described by a certain time limit, conditional limit etc. (c) Pre-dismissal Notice: It is mandatory for employers to give workers a notice before their employment is summarily terminated. Failure to do this on the part of the employer constitutes illegality on the part of the employer. (d) Maternity Concerns: Preventing an employee from returning to work after maternity leave has been...
12 Pages(3000 words)Essay
Constructive Dismissal and Unfair Dismissal Claims
...; and his refusal to carry out demeaning work as instructed by the high-handed supervisor, on the other hand, do not constitute gross misconduct. This is especially the case because employment contracts specify an employee’s job designations. Despite the cloud of vagueness surrounding what exactly is gross misconduct in the workplace employers are normally forced to retain employees who have engaged in fraud and theft pending investigations in order to be in keeping with the law. Reasonableness test The reasonableness test is also considered when establishing unfair dismissal claims (Ainsworth, 2012). Even if the Sara and the employer’s observations of Raj’s alleged misconduct justified...
9 Pages(2250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic Unfair dismissal law in the UK for FREE!
Contact Us