EMPLOYMENT LAW

Employment Law

Employment Law

Introduction

Employment law, overall, is not a conceptually difficult subject, and a good dollop of analytical common sense can often work wonders. However, instinct will not provide all the answers or the best advice. Employment law can be extremely detailed at times and a solicitor needs to grasp both the detail and the overall implications in order to give proper guidance to his or her client. The interrelationship between matters such as a breach of contract and unfair dismissal, for instance, can cause some confusion to those new to the subject. Employment law is something that is subjected to constant change and is considered as most dubious laws. It is considered as important and dubious because of a number of issues that are involved in it. Employment law involves the issue from hiring to firing. The case that is considered in this study is related to the dismissal and adoption of new employment. The paper discusses the issue of dismissal and the adoption of new employment from variegated perspectives.

Dismissal & Disciplinary According to Law

Unfair Dismissal - The employer must have a fair reason (e.g., employee conduct) to dismiss an employee with 1 year's employment and must follow a fair dismissal procedure. Some reasons for dismissal will qualify to be considered as automatic unfair dismissals such as union action, time off for parenting etc

Wrongful Dismissal - Notice must be given by all parties (unless a fixed-term contract is lapsing) as set out in common law

Constructive Dismissal - If an employer breaks the terms of a contract and consequently forces an employee's dismissal

Background and Synopsis of Case

Clarissa works as projectile technician at Precisions Missiles plc. She was a hardworking and a loyal employee of her company. Disturbance in her personal life and her divorce caused a great deal of impact on her work. As a result of this she made some major blunders. At first she was given a warning. After warning when she did not show any improvement she was issued a dismissal notice. In order to give protection to the existing employees she was sent to garden leaves. Her termination notice would be over on March 2012. She was offered to join another firm from February 2012.

Answer to Assessment Question Number 1

The first question is about the unfair dismissal compensation. Clarissa has been issued a dismissal notice of six months and she is also being paid for that notice period and sent home on garden leaves. In this case, Clarissa is not in position to put an application for unfair dismissal compensation. First and foremost it is imperative to understand the context in which a dismissal can be regarded as unfair dismissal. This would provide a strong background for the analysis of the case. Unfair dismissal is caused by a serious breach of the code of conduct or working rules and regulations by the employee. Following are the considered grounds for unfair dismissal:

Repeated failures and unjustified tardiness or absenteeism by the employee

Indiscipline or insubordination of ...