The law governing the issues identified is found in common law and statute, with guidance
also given by relevant codes of practice. The main statute is the Employment Rights Act
1996. Although statue has largely superseded common law, where there has not been a
decided case on similar facts under the statute, the court or tribunal will look to earlier
common law cases. Non-statutory materials such as Codes of Practice and handbooks issued
by competent authorities such as the Advisory, Conciliation and Arbitration Service (ACAS)
although not strictly relating to an action of wrongful dismissal may also be considered as
they offer best practice guidelines for employers. I will be discussing whether Leon, Neil and
Oliver can claim unfair dismissal.
Where an unfair dismissal claim is successful, the key remedies are either reinstatement to the
former employment or financial compensation. The circumstances of the particular case are
taken into account in determining the most appropriate remedy.
León Trotsky, Vladimir Lenin y Lev Kámenev (Mosc...
River Welland banks and Town Bridge
Halsbury's Laws of England, 1st ed, copyright/titl...For example, if relations
between the parties have deteriorated beyond repair, financial compensation would most
likely be awarded.
There are a number of commonly accepted duties that both employer and employee must
adhere to. These include a duty to obey reasonable instructions Ottoman Bank Ltd v
Chakarian (1930) Pepper v Webb (1969) Wilson v Racher (1974). A breach of any of the
duties, either by the employee or the employer is seen as a breach of the contract. Today,
'reasonable notice' would be the same as that required by statue except in exceptional
circumstances. It is evident that Leon has breached his duty not to follow the notice written
however it wouldn't regard this incident as exceptional grounds to dismiss upon. Furthermore
it is also evident that Neil was unfairly dismissed however he was in breach of contract for
claiming overtime he was not...