Unfair Dismissal Essay Example | Topics and Well Written Essays - 2500 words

Unfair Dismissal - Essay Example Dismissal DefinedDismissal DefinedDismissal is certainly a fundamental concept in the employment law so to explore the subject first define the term ‘dismissal’.It is defined for the aims of redundancy and unfair dismissal in Employment Rights Act 1996, sections 95 as well as 136 respectively. Although the definitions are identical and conceive of dismissal developing in any of given three situations:†¢ In case the employment contract has been ceased by the employer after notifying or without notifying;†¢ In case a limited –term contract terminates or expires devoid of renewal;†¢ In case if the contract has been terminated by the employee, after notifying or without notification, in conditions providing him the entitlement to terminate without notifying the employer due to employer’s conduct.The last clause of the dismissal definition entails â€Å"constructive dismissal† where an employee is forced to resign due to certain actions of the employer.Unfair dismissal term unfair dismissal in context to the law is used for termination of an employment contract for inadmissible or unfair reasons. In case, such an act is challenged in a court, by the affected employee, then the employer is needed to establish that the termination was based on a significant reason such as deficiency of qualification, gross misconduct, and incapableness to execute assigned responsibilities or redundancy. While deciding such cases, the statutory rights of employees are taken into consideration by the court.The terms ‘unfair dismissal’ and ‘wrongful dismissal’... Unfair dismissal The term unfair dismissal in context to law is used for termination of an employment contract for inadmissible or unfair reasons. In case, such an act is challenged within a court, by the affected employee, then the employer is needed to establish that the termination was based on a significant reason such as deficiency of qualification, gross misconduct, and incapableness to execute assigned responsibilities, or redundancy. While deciding such cases, the statutory rights of employee are taken into consideration by the court4. Unfair and Wrongful Dismissal The terms ‘unfair dismissal’ and ‘wrongful dismissal’ seems similar but within the United Kingdom, the terms are rather unalike as wrongful dismissal is referred to when the employment contract is terminated by the employer in order to dismiss the employee or forcibly causing an employee leave. It is established on the basis of contract law. While unfair dismissal involves without notifica tion termination of employment by the employer. Thus resigning from an employment under constructive dismissal may be regarded as a wrongful dismissal case. Historical Development of Unfair Dismissal Statute in United Kingdom The history of the formulation of law of unfair dismissal dates back to year 1971, since it was made a part of Industrial Relations Act. It is a statutory creation. Therefore the right of avoiding from being unfairly dismissed only subsists if legal conditions are fulfilled. The unfair dismissal statute was re-enacted in the initial Schedule to the Trade Union and Labour Relations Act 1974, modified by the Employment Protection Act 1975. This statute was amalgamated in 1978 with the Contracts of Employment Act 1963 along with the Redundancy Payments Act 1965