Running Head: EMPLOYMENT LAW
Referring to the scenario and Tom's situation firstly, in the context of threatened dismissal, interim relief may be necessary to prevent dismissal.
1-Whether or not they can claim
Where dismissal has already occurred it may be necessary to prevent the dismissal being acted upon. Yes Tom can claim an unfair dismissal by Unfit. In cases not concerned with dismissal, it may be sensible to apply for an immediate interim injunction - for example, to counter any argument that employees affirmed changes to their contracts, or because the claimant must only demonstrate an arguable case at that stage. But before applying for interim relief it is important to assess carefully the prospects of success, which inevitably turn on all the circumstances.
2- Starting point
In the employment context, the existence of continuing trust and confidence between the parties is often relevant to the balance of convenience.
Many of the reported cases concern applications to prevent dismissals in breach of contract or are concerned with breaches of procedure in connection with possible dismissals. Ã¯Â¿Â½But injunctions may be sought in other cases in which the employer breaches a duty owed to employees or infringes a right of its employees. Some examples are set out below. At the interim stage the court would need to be satisfied that, first, that there was a serious issue to be tried - e.g. that the employer was proposing to act, or was acting, in breach of contract.
It is critical that the breach has not been accepted or affirmed by the employees. Second, the court will need to be satisfied there is continuing confidence between employer and employee, though this is readily shown where there is no question of dismissal. Third, the court will consider...