EMPLOYMENT LAWS

Employment Laws Related To Wrongful Dismissal, Unfair Dismissal & Redundancy

Introduction1

Discussion2

Dismissal2

Employment Laws & Remedies Related to Wrongful Dismissal3

Employment Laws & Remedies Related to Unfair Dismissal5

Employment Laws & Remedies Related to Redundancy7

Remedies for Wrongful Dismissal, Unfair Dismissal & Redundancy in an Employment Tribunal9

Conclusion10

References12

Employment Laws Related To Wrongful Dismissal, Unfair Dismissal & Redundancy

Introduction

At times, it can be difficult to dismiss employees or making them redundant. However, it becomes worse if an employer is taken to an employment tribunal to face a claim or wrongful or unfair dismissal. Therefore, it is essential for businesses to know and understand the right procedures of dismissal in order to protect the company and minimize the risk of any legal claim (The Law Donut, 2013, n.d). There are primarily three major kinds of illicit employment dismissals under Employment Law. Wrongful termination is the first type of unlawful dismissal that is a matter of breach of damages and contracts. Legal claims of this may be dealt with by the ordinary civil courts or a limit on the maximum likely awards by the Employment Tribunals.

Another type of illegal dismissal is known as Unfair Dismissal that was introduced by the Acts of Parliament into a British Law when Britain becomes a European State. This category covers several types of employment dismissals, including a Redundancy dispute case. Only employment Tribunal deals with this type of illicit terminations, although after the Employment Appeal Tribunal (EAT), it can be appealed in superior courts or European Court of Justice (www.oocities.org/). Thus, in both of these cases it is expected that the employee must look for mitigating his/her losses. Law of contract damages becomes the base for Wrongful Dismissal law suits, which typically involves only the measurable economic loss. On the other hand, Tort Law considerations are allowed to some extent in Unfair Dismissal situations such as in consideration of inequality situations.

Discussion

Dismissal

Dismissal is defined by the Employment law, i.e. s. 95 of the Employment Rights Act 1996, as follows (HR Bullets, 2013, n.d):

A contract of an employee is terminated without or with notice.

A contract is terminated by an employee without or with notice in situations like that he is entitled to terminate it without informing by reason of the conduct of an employer (constructive dismissal).

A temporary contract with an employee comes to an end without any renewal.

An employer's dismissal is not effective until a time like when it is communicated to the employee, that is, in case an employer sent a letter to an employee while he is not available, the terminations will not be effective until the letter is read by an employee.

Employment Laws & Remedies Related to Wrongful Dismissal

Wrongful dismissal must not be taken as unfair dismissal, as both these types of dismissals differ in employment law. Wrongful dismissal is based on contract law and statue. In case an employee is dismissed by an employer, and in doing so, the employer can be accused of breeching his contractual duties or breaching of his statutory duties to provide ...