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BTEC HNC BUSINESS AND FINANCE
ORGANISATION AND EMPLOYMENT LAW MODULE
Employment Law - Unfair Dismissal
ASSIGNMENT No. ...
„h The Contract of Employment
„h Unfair Dismissal
„h Constructive Dismissal
„h Conclusion
„h Bibliography
Introduction
The two security guards in question here, Mr Jones and Mr McQuaid who have been asked to change their shift patterns are intending to make a claim for unfair dismissal. But before they do this I plan to look at each case in question and would hope to identify the merits of each.
I will be identifing what employment law is, what defines an employee, the meaning of unfair dismissal and rights each man has.
Sources of Employment Law
All authorities to support any proposition in employment law will be either statue or case law and often a combination of both. ...
It may be said that there are three main sources of employment law in this country:
„h Statute ¡V The law directly enacted by the UK Parliament which may take two forms: an act of Parliament, e. ...
„h Case Law ¡V Although over the past 30 years employment law has become dominated by statute, case law is still very important. Not only does case both interpret the statute and ¡¥fill in the gaps¡¦ between statutes, but certain areas of employment law are still heavily dependent upon common law, e. ... claims for wrongful dismissal. ... Usually, a contract of employment will be expressed in writing, but as with other contracts this need not always be the case. ...
Unfair Dismissal
Unfair dismissal is a statutory concept consolidation almost wholly within the Employment Rights Act 1996. ...
When trying to decide if a case for unfair dismissal is correct or not, you need to follow four steps in order. ... Can a dismissal be identified? ... The reason for dismissal. ... The fairness of the dismissal. ... To qualify for unfair dismissal protection an employee must met the following conditions:
1. ... On this basis Mr Jones can not claim for unfair dismissal. ... Be below 65 or the normal retirement age for your job at the date of dismissal. There are exceptions to this if the dismissal is based upon discrimination. ...
Exceptions to the 1-year continuous employment are where dismissal is for one of the following reasons:
1. ... Where dismissal is linked with pregnancy and maternity rights. ... An employee should bring a claim for discrimination, not Unfair Dismissal. ... Dismissal relating to an employee asserting their rights under employment laws. ... Dismissal of an employee observing health & safety rules. ... Dismissal relating to an employee asserting their rights under the Employment Relations Act 1999 section 10, the right to be accompanied to a disciplinary or grievance hearing. ... Dismissal related to an employee acting as a pension scheme trustee.
Approximate Word count = 2235
Approximate Pages = 8.9
(250 words per page double spaced)
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