Unfair Dismissal For Wrongful Dismissal

Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

Belton, R. (2004). Employment discrimination law: cases and materials on equality in the workplace. Thomson/West

Unlawful discrimination occurs when an employer commits an adverse action against an employee because of the following attributes of the person: race, color, sex, age, pregnancy, etc.

Due process is the ethical means by which ending employment contracts is best administered. It allows for repercussions for unfair firing practices on the part of the employer, who in all actuality, carries the power in the relationship. Due process allows for an appeal when an employee believes they were terminated without or with bad cause. In essence it polices the employer to act ethically in situations where a person’s wealth and career are at stake. At will contracts in the business world are often defended on the basis that they are equally beneficial to the employer and employee. This is quite obviously not the case in modern business and economic conditions. It is stated by Richard Epstein in “In Defense of the Contract at Will” that if a person enters into a disastrous and one-sided contract that they are free to exit the contract and pursue other means of employment.3 This is hardly the case, however, as when a person has a family, and of course themselves, to support leaving a disastrous situation is not always

The company has the right to terminate an employee as long as the termination does not discriminate or

Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s

The Equal Employment Opportunity Commission delineates constructive discharge as an event that impels an employee to quit, retire or downgrade their position because of discrimination, retaliation or harassment. The employee may be considered constructively discharged.  If validated, the employee is entitled to the same recourse as if they were involuntarily discharged.  (EEOC)

2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.

When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

Wrongful dismissal is the term used at common law to denote the situation in which an employee is dismissed by an employer in breach of contract. It occurs most commonly in summery dismissal, namely, without any notice whatsoever. This is justifiable in the case of Laws v London Chronicle (indicator Newspapers) Ltd (1959), stating that “…Whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service…”

In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.

Complaint from Sue: I was told that since there were forced redundancies and that I was just a majority race person in the workforce, I would be let go. This is ‘reverse’ discrimination. I'm going to sue.

A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills