UK contract and employment law - Essay Example

Comments (0) Cite this document
Summary
The Scenario and the Facts Clarissa has been an employee of Precision Missiles Plc for over thirty years. Her contract of employment would need a six months notice from either side to be terminated. There was no “garden leave” clause in the agreement. As a part of her job profile, she has access to rapidly changing missile technology which includes the secret guidance system…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96% of users find it useful
UK contract and employment law
Read TextPreview

Extract of sample "UK contract and employment law"

Download file to see previous pages She became negligent with her work. She committed 2 negligent acts which were both serious in nature and affected the company. After the first incident, Clarissa was informally warned but the manager still showed faith in her. But after the second incidence, manager lost confidence in her and she was fired with a six month notice. Her contract will terminate on 31st March 2012. Also keeping in the mind the safety of her colleagues, she was asked to take “garden leave” wherein she was not needed to come to office during the notice period but would be paid for it. She was not happy with this and wanted to continue working. She has received an offer from Flare Missiles to work for them, provided she joins on the 1st of February 2012. She needs advise on whether she can successfully pursue a claim for unfair dismissal compensation against Cascade and whether she can lawfully accept flare's offer of employment. Unfair Dismissal Compensation The question of whether Clarissa can pursue a claim for unfair dismissal compensation will depend on whether it was an unfair dismissal. The fact that she was dismissed is clearly established in the facts of the case. She will be able to successfully claim the compensation if she can prove that the dismissal was an unfair one. If Precision Missiles had followed all the procedures and abided by the law, then she will not be able to claim the compensation as it will not be an unfair dismissal. First and foremost for Clarissa to have a right against unfair dismissal, she should have worked in the company for at least one year and Clarissa fulfils this requirement as she has been working for over 30 years in the company. Now, Clarissa has to be prove that the dismissal was unfair according to the Employment Rights Act of 1996, Section 98A(1) (‘Procedural fairness’)1 The Employment Rights Act of 1996, Section 98A(1) (‘Procedural fairness’) states that: A dismissal without completion of the standard procedure (wholly or mainly attributable to the failure of the employer) will be unfair. Whether the dismissal was an unfair dismissal will depend on the 2 stage test that any an unfair dismissal must go through2. Stage One: The Reason Once the unfair dismissal compensation claim is made, the responsibility to show that dismissal was based on a reason falls on the employer3. In this case, Precision Missiles will argue that they had a fair reason to dismiss Clarissa. According to the Employment Rights Act of 1996, Section 98(2) they have to prove that their reason was a fair one. In the current scenario the reason for dismissal was negligence and carelessness in carrying out her responsibilities which are a part of her job profile. This was not a one distinct incident but was repeated twice and in both cases the consequences of her negligence could have been critical. In the first, incidence her negligence would directly impact negatively on the brand images that Precision Missiles had built with its client. This could seriously damage its image and affect future business. The second incidence if not rectified by her colleagues could have been a disaster for the company. Even though it was found out that her negligence would not have caused serious damage, a repetition of the incidence could have been critical. The above reason could be justified as a fair one by using ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“UK contract and employment law Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
UK contract and employment law Essay Example | Topics and Well Written Essays - 2000 words. Retrieved from https://studentshare.org/law/1440637-uk-contract-and-employment-law
(UK Contract and Employment Law Essay Example | Topics and Well Written Essays - 2000 Words)
UK Contract and Employment Law Essay Example | Topics and Well Written Essays - 2000 Words. https://studentshare.org/law/1440637-uk-contract-and-employment-law.
“UK Contract and Employment Law Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/law/1440637-uk-contract-and-employment-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF UK contract and employment law

Employment Law In UK

...?Employment Law Introduction The UK Employment Rights Act 1996 identifies an employee as any individual who has entered or working under a contract of employment. As opposed to the provisions that are outlined under the ERA 1996, the employment provisions that the Employment Rights Act 1996 identifies only valid “employee” and by valid here I mean only those that are currently in contractual circumstances. On the other hand, ERA 1996 entails provisions that are applicable to employees, ex-employees and many others (Bell & La Valle 2003). The provisions defined under these two statutes do not necessarily...
10 Pages(2500 words)Essay

Employment law in UK

...between the employer and the employee exists or not (Perritt, 2006). The other distinctive factor is that in the UK employer is bound to serve show cause to an employee as a first step of pre termination process. In the American law there is no concept of serving any notice to an employee before termination of employment. In England notice is a pre requisite of termination process. The employment of contract should contain the notice mutually agreed upon by the stakeholders of a contract employment. If contract of employment lacks notice period then the...
6 Pages(1500 words)Essay

Employment and contract law

...? EMPLOYMENT AND CONTRACT LAW A contract involves making a promise made in the specified manner which is recognized by the law and it undertakes a legal binding obligation. The paper examines the various conditions, in which, a contract is formed and it tries to analyse the condition when the contracts cannot be enforced simply because it involves promises. Introduction A promise is a form of communication which is made with the intention to assume or undertake an obligation1. In certain conditions the mere act of promising may create the obligation to keep it but justification is needed to make the promise enforceable...
16 Pages(4000 words)Assignment

Employment contract law

..., the existence of such a provision is wholly inconsistent with the contract of service. Therefore, no employer and employee relationship exists between Mr. Tanton and Express and Echo Publications Ltd. 9. Tribunals are tasked to deal with disputes between employees and employers rather than courts of law because it will be more practical to settle the case outside of the court and not go through the entire tedious process. This will shorten the litigation process and save the time and resources of the parties in dispute. This is a form of a mediation process. 10. “As a member of the European Union, the UK shall be bound by various legislation and...
4 Pages(1000 words)Coursework

Contract and Employment Law

...for the notice period or until the period expires. The court referred to this ratio more recently in the case of Gorman & others v Standard Life Healthcare Limited24 and Hertfordshire CC v Gogay25. Employers under the common law of employment, the employer can in practice dismiss an employee by notice and negate whatever rights an employee might have. It is lawful for an employer to dismiss an employee given a proper notice regardless of the motive behind the dismissal. The question of whether a dismissal was correct or unfair was first affected by the Employment Contract Act 1963. This attempted to...
8 Pages(2000 words)Coursework

Contract Law in UK

...commercial law then it automatically becomes a source as from then on the business activities has to conducted according to the new or amended rules laid down by that particular ordinance. Similarly, when a higher court for e.g. the supreme court gives a decision on a commercial dispute and in the process gives a new interpretation to the law applicable to it and gives a new meaning to it then from thereon it becomes a precedent for the lower courts and the executive to follow and can be considered as a source of commercial law for that matter. 2) The Central London Properties v. High Trees House case is based on the English Contract Law and is based on...
3 Pages(750 words)Essay

Employment law Uk

...members of staff redundant. The employer merely has to show that there is a good business reason for the reorganisation and that it will result in a strengthening of the business: Hollister v National Farmers' Union [1979]. Although this case falls under the 'other substantial reason' head the fact that the National Farmers' Union (NFU) reorganised its insurance business to benefit the running of the business was held to be a 'good business reason' to dismiss an employee who would not accept the variation in his contract terms. Was M's dismissal due to the Redundancy Even where a redundancy situation exists the Employment Tribunal must still establish the reason for dismissal. In...
6 Pages(1500 words)Essay

UK Employment Law

...2. Would or should UK employment law on unfair dismissal protect the following from dismissal: (a) Bill (b) The various nannies who work in the Mandox household Answer: When the lawmakers and law protectors are converted into the lawbreakers and offenders, discrimination in the society increases to its maximum. Discrimination of the capitalist and bureaucrat against the lower group of people who are either working in hazardous position or to the family of so called high society as the workers or servants, has gone beyond control. And if the persons in lawmaker of the country act in such way secretly, then who is going to make the law. If any how the...
6 Pages(1500 words)Case Study

Employment Law in UK

... in Defrenne v Sabena6 and in this case the court held that article 119 of the EC Treaty7 provided for equal treatment in the right to join an occupational pension scheme. In Alabaster -v- Barclays Bank Plc8 Mrs. Alabaster pleaded that her employer's failure to incorporate her pay rise into her SMP was contrary to the Equal Pay Act 1970 and Article 141 of the EC Treaty. The ECJ ruled in her favour and held that there was a breach of EU law, resulting in the UK Government amending the SMP rules. The Employment Appeal Tribunal or EAT has ruled that the Equal Pay Act 1970 is not infringed by a pay system wherein employees with more service and experience were paid more than those with lesser service and experience even though most... 1. It...
8 Pages(2000 words)Case Study

Employment contract law

..., the existence of such a provision is wholly inconsistent with the contract of service. Therefore, no employer and employee relationship exists between Mr. Tanton and Express and Echo Publications Ltd. 9. Tribunals are tasked to deal with disputes between employees and employers rather than courts of law because it will be more practical to settle the case outside of the court and not go through the entire tedious process. This will shorten the litigation process and save the time and resources of the parties in dispute. This is a form of a mediation process. 10. “As a member of the European Union, the UK shall be bound by various legislation and...
4 Pages(1000 words)Coursework
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 UK contract and employment law for FREE!

Contact Us