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Unfair Dismissal and Wrongful Dismissal Claims - Assignment Example

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This paper "Unfair Dismissal and Wrongful Dismissal Claims" focuses on the course of action for the Company to take in respect of Janice and Kelsey’s submitted claims along with the priority action points to address in ensuring that the Company lawfully terminates Steven’s employment…
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Unfair Dismissal and Wrongful Dismissal Claims
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Download file to see previous pages The implementation of appropriate policies and consistent application of these within the internal corporate hierarchy is vital and Tribunals view failures to comply with proper disciplinary procedures seriously. Therefore, the manner in which the Company handled the termination of Janice and Kelsey’s employment will strengthen their claims.
The first requirement for a valid claim for unfair and wrongful dismissal is that Janice was an employee of the Company. if we first consider statutory law, section 230 of the Employment Rights Act 1996 (ERA) defines an employee as “an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment”. The section 230 definition has been criticised for being ambiguous (Honeyball & Bowers. 2006) and it is also necessary to refer to the common law test for defining the status of the employee, which I shall consider in the context of Janice’s legal position.
The starting point for determining whether an individual is an employee is the “control” test (Honeyball & Bowers. 2006). This was established in Yewens v Noakes (1880 6 Q.B.D. 530), where Bramwell LJ asserted that “A servant is a person subject to the command of his master as to the manner in which he shall do his work” (at p.532-533). However, socio-economic developments in the labour market have changed the shape of employment status, thereby undermining the suitability of the control test as a sole determinant of employment status (Pitt, G. 2007).
Therefore, as an employee, Section 98 of the ERA provides that all employees have the right not to be unfairly dismissed. However, Janice must establish that she has sufficient continuity of employment to bring an unfair dismissal claim. In order to qualify for this right, section 108(1) of the ERA provides that an employee must have “been continuously employed for a period of not less than two years ending with the effective date of termination”. ...Download file to see next pagesRead More
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