Dismissal: fair or unfair - Essay Example

Comments (0) Cite this document
Summary
The major weaknesses of this study are concentrated on the dismissal. It can occur if a fixed-term employment contract is not renewed under the same terms and conditions. In this case the dismissal is referred as constructive dismissal. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.5% of users find it useful
Dismissal: fair or unfair
Read TextPreview

Extract of sample "Dismissal: fair or unfair"

Download file to see previous pages According to the research findings it can therefore be said that the employment law regulates the working relationship between the employer and employees as well as other stakeholders in the labour market. It guides employer and employees actions by defining their rights and responsibilities. It deals with issues such as wages, employee benefits and workplace health and safety among other issues. By offering employment to an employee, both parties enter into an employment contract which may be implied or expressed orally or in writing. However, it is required that a written contract be given to employees after two months of service stipulating the employment terms and conditions. Breach of such a contract by either party is a violation of employment law amounting to a dispute which can be settled by an employment tribunal or the court of law. 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. According to Lewis, Sargeant & Schwab, a person is treated as dismissed if “the contract under which he/she is employed is terminated with or without notice.”...
An employee can also terminate his/her contract with or without notice as a result of an employer’s conduct which compels him/her to leave the organization. In this case the dismissal is referred as constructive dismissal. A dismissal may be fair or unfair depending on the circumstances under which the contract is terminated. A dismissal is considered fair if the right disciplinary and grievance procedures were followed and the matter was investigated fully before a decision was made. If it is a matter related to performance, the employer should warn the employee and give him ample time to improve and also provide all the necessary support needed to facilitate performance such as training and development to improve worker skills (Selwyn, 2008). If the employee does not improve, then the employer can dismiss him. An employee can also be dismissed in case of redundancy provided the right procedure is followed. The employer can also terminate the contract if he feels that the employee could not continue working in the same position without contravention on the part of employee or employer, of a duty or restriction imposed under a statute (Lewis & Sargeant, 2004: 15). The employer can also terminate an employment contract if he/she has substantial reason to justify the dismissal. However, the employer should give the employee ample notice as required by the law depending on the length of service. As per Section 92 of Employment Rights Act 1996, an employee who has worked continuously for one year has the right to be issued with a written statement within 14 days giving particulars of the reasons for dismissal. A person who has worked for more than one month ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Dismissal: fair or unfair Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/law/1395866-dismissal-fair-or-unfair
(Dismissal: Fair or Unfair Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1395866-dismissal-fair-or-unfair.
“Dismissal: Fair or Unfair Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1395866-dismissal-fair-or-unfair.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Dismissal: fair or unfair

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...
4 Pages(1000 words)Outline

Employment Law:rights and obligations; health and safety; dismissal requirement; penalties on unfair dismissal

...of the work force is concerned11. Dismissal Requirement As per the common law or contractual law an employer can terminate the employment by serving one months notice period or one month payment in lieu of notice period. Contrary to that an employee who has many years of services in the same organization cannot be dismissed with one stroke of pen. There should be some solid reasons which are to be considered legally fair for the dismissal or termination from service of an employee12. The existing policy demands that the employee must have a year of continuous service and one month notice period is required to terminate the employee. There may be instances wherein an...
7 Pages(1750 words)Essay

Unfair Dismissal

...annually concern chiefly unfair dismissal claims. This paper attempts to explore the various corners of the statute of unfair dismissal, initiating from its statutory definition, its historical development, reasons for fair dismissal such as misconduct, redundancy, incapability and reorganization, its discriminatory applications, the advantages associated as well as the remedies offered by the employment tribunal in case if the dismissal is proved to be unfair2. Dismissal Defined Dismissal is certainly a fundamental concept in the employment law so to explore the subject first define the...
10 Pages(2500 words)Essay

Unfair Dismissal Report

.... If matters are not settled, the AIRC will make a decision that is binding on both the employer and employee. Under the Act, the AIRC is responsible for conciliation in both unfair dismissal and unlawful termination cases. Only unfair dismissal cases, however, can be arbitrated in the AIRC. Procedural fairness has two meanings in this context. Firstly, one of the characteristics of a Tribunal is informality - which generally means excluding the rules of evidence, whilst retaining due process, natural justice or procedural fairness. The AIRC are required to do what is fair in the circumstances of each case. The onus is...
10 Pages(2500 words)Essay

UK Employment Law

..., which HMRC refused. The others were dismissed following long-term sickness absence, and they claimed payment in lieu for outstanding holiday. David Royden - Employment Solicitor has find out; when is a Dismissal Fair or Unfair According to him "the law on unfair dismissal does no more than give employees a legal right to be treated in the way in which a fair and reasonable employer would treat them anyway. For an employer to dismiss an employee fairly, he or she must both: have a valid reason for dismissing the employee, and act reasonably in treating that reason as a sufficient reason...
6 Pages(1500 words)Case Study

Unfair Dismissal and Trade Unions

... of International Trade Unions. Trade Union. Retrieved April 25, 2007 URL available http://en.wikipedia.org/wiki/Labour_union marxists.org (2007)Un. How to build union. Retrived April 25, 2007 URL available http://www.marxists.org/glossary/terms/u/n.htm Newman S (2007) Unfair Dismissals. Fairness At Work Legislation. Retrieved April 25, 2007 URL available http://www.shrm.org/global/publications/baker/599glob/uk.htm... 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....
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) as “an individual who has entered into or works under……..a contract of employment”. The section 230...
6 Pages(1500 words)Essay

Unfair Dismissal

...2 The Provisions in Employment Rights Act 1996 There are some provisions in Employment Rights Act 19963 that stipulate that workers in the United Kingdom should not be subjected to the inconvenient circumstance of unfair dismissal. The points below justify this assertion: (a) Right to Fairness: Every employee, irrespective of his/her age, sex, gender, sexual orientation, race, religion and a host of other factors, is entitled to fairness in dismissal by his/her...
12 Pages(3000 words)Essay

Constructive Dismissal and Unfair Dismissal Claims

...proper notice on him regarding the issue amounts to unfair dismissal. The dispute is therefore actionable by the Employment Tribunal or Court (Collins, 2011). Failure to provide proper Raj with notice of his impending dismissal amounts to wrongful dismissal in the sense that the employer showed clear disregard for the employment contract which they signed with the employee in question. Unfair dismissal is provided for under Section 95 of the Employment Rights Act 1996. Owing to the low evidentiary threshold for establishing unfair dismissal even where the employer had adhered to the provisions of the...
9 Pages(2250 words)Essay

Unfair dismissal law in the UK

...contracts. As such, the employers sometimes substantiate their control of employee behaviour on reasons such as economic reasons. The unfair dismissal law faces criticism when employers dispute some of the provisions of the law. However, the ET’s come in handy in ensuring labour relations are preserved in a cordial state to facilitate good relationship between employers and employees. References Batt, R., & Colvin, A. J., 2011. An employment systems approach to turnover: Human resources practices, quits, dismissals, and performance. Academy of Management Journal, 54(4), 695-717. Bellace, J. R., 1982. Right of Fair Dismissal: Enforcing a Statutory...
5 Pages(1250 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 Dismissal: fair or unfair for FREE!

Contact Us