The Employment Rights Act of 1996 and the Employment Act of 2002 deals with the issue of unfair dismissal of employees and Clarissa should be conversant with the provisions of this Act. Moreover, Clarissa needs to know that the employment tribunal deals with issues of unfair dismissal and that she has to prove that she is entitled to bring a claim of unfair dismissal and a claim for compensation before presenting her claim. In addition, she needs to understand that the claim for unfair dismissal would only be applicable if she brings it exactly after three months after termination of her contract of employment by his employer. Clarissa should know that the preconditions laid down by the Employments Rights Act to bring for bringing a claim of unfair dismissal and a claim for redundancy pay requires that she has served in her contract of employment continuously for a minimum of one year and two year respectively. Accordingly, she should know that since she meets these preconditions and she is entitled to bring both a claim for unfair dismissal and a claim for redundancy pay against Precision Missiles plc since she has worked for the Company for a period of thirty years .
In coming to a decision whether her dismissal is unfair, Clarissa needs to now that the tribunal will concentrate on whether her dismissal was reasonable or unreasonable and this would depend on the general size of her employers, administrative resources of her employers, the circumstances that led to her dismissal and equity. It is important that employers give their employers prior notice for termination of a contract and reason for termination...
... middle of paper ...
...urnett, S. Employment Law. Oxford University Press, UK, 2007.
Smith , I. and Baker, A. Smith and Woods Employment Law 10th edit, Oxford, OUP, 2010.
Hillier. A., ‘Garden Leave Up-date’, Kbw,
Employees Rights Act, 1996
Employment Act, 2002
Citing Miles v. Wakefield MBC, 1987, AC, 539, HL.
Evening Standard Co. Ltd. v Henderson, 1987, IC, 588.
London Borough of Brent vs. Fuller, 2011, IRLR, 414.
Standard Health Care Ltd v Gorman, 2010, IRLR, 233, CA.
Symbian Ltd v Christense, 2001, IRLR, 77, CA.
SG&R Valuation Service Co LLC v Boundaries, 2008, IRLR, 770.
Norton Tool Co Ltd v Tewson , 1973, 1, WLR, 45, NIRC.
Polkey v AE Dayton Services Ltd, 1988, AC, 344, HL.
William-Hill Organization Ltd. v. Tucker, 2008, IRLR, 770.
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