Page 115 - Microsoft Word - 00 Prelims.docx

Employment law

Unfair dismiisal

Unfair dismissal occurs when an employer terminates the contract
without justifiable reason.

The law on unfair dismissal is governed by The Employment Rights Act
1996 as updated by the Employment Act 2008. It provides statutory
protection for employees.

Litigation commences in an Employment Tribunal and on appeal on a
point of law to the Employment Appeal Tribunal (‘EAT’), then to the
Court of Appeal and finally to the Supreme Court.

What must the employee show?

In order for a claim for dismissal to succeed, an employee must show that:

 He is a qualifying employee (he was continuously employed for more than
2 years)

 He was dismissed.

What must the employee do?

 Serve a grievance notice on the employer.

When to make the claim?

A claim must be made to an Employment Tribunal within three months of the date of
termination.

What is ‘dismissal’?

Dismissal can be any one of the following:

 Termination of a contract by the employer (with or without notice).

 Expiration of a fixed term contract.

 Constructive dismissal.

111