Advise Leon, Neil and Olivier as to their remedies, if any, in these cirsumstanes. Employment law

Essay by blingin_keisha February 2006

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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 Although statue has largely superseded common law, where there has not been a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.

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...