Business Law - Case Study | Assignment

Running head- BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note
1.

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Question B
Unfair dismissal is considered to be the dismissal where an employee is
dismissed form the workplace in a manner which is considered to be harsh or unjust and
unreasonable. It can be observed from the case of Devis & Sons Ltd v Atkins [1977] IRLR
314, HL where any employee’s dismissal is considered to be justified on the grounds that are
known to the employer. The legislation that required an employer to provide justification of
the dismissal and the legislation also limited or restricted the employer to depend and be
reliant on the original reason for the dismissal. Such is considered to be regulated or
governed by the Employment Rights Act 1996 which decides on the cases regarding unfair
dismissal. It can be understood from the case of ADT Auctions Ltd v. Nayar: EAT 7 APR
[1998] UKEAT 264 – 97 – 0704 where the EAT had considered a complaint by that of the
dismissed employee which stated that the employee had not been given any opportunity in
connection with cross examination of the witnesses who had provided with several statements
against the dismissed employee.
If any individual or any employee has been dismissed in an unfair manner then
a claim can be made with the Tribunal within three months of being dismissed. The
employees in the United Kingdom who have provided with two years of service by the date
relating to the termination have the right to claim an unfair dismissal. In the case of
whistleblowing the employees do not need to provide the length and duration of their
services. The remedies relating to the unfair dismissal are considered to be a basic
compensatory award and along with such it can also be the reinstatement or re-engagement of
the employee into the workplace. The aim relating to the compensatory award was considered
to be for providing certain earnings for the direct losses of the employees due to the unfair
dismissal. The award which is given to the employees by the tribunal in case of an unfair or

Business Law2
wrongful dismissal is considered to be just and equitable in all the instances as well as the
circumstances which would be due to the action of the employer. The award is not also
considered to be limited for any contractual pay as well as benefits as such can also include
the losses relating to the car allowance or it can also include the sum for the loss regarding
any statutory rights. It is subject to the maximum amount that is considered to be reviewed
each year and such would be due to certain other protected cases where such an amount for
compensation would be considered to be unlimited and it is inclusive of whistleblowing. The
employee who is considered to be under the duty to minimise the losses should also be ready
to demonstrate or display certain attempts that would help them in finding the alternative
employment. If there has been a dismissal which is considered to be unfair and the tribunal
finds it wrongful then there would be a specific procedure followed and the employee would
be given an opportunity to provide the case and the compensation may be reduced or
decreased on the basis of the award that is being provided. It is also considered to be a
possibility that the tribunal would reduce the amount and such would be done on the basis of
the behaviour and conduct of the employee and how such employee has contributed towards
that dismissal.
Therefore, it can be understood that the statutory rights would help in the
enforcement of the wrongful dismissal as it would provide the employees with certain
benefits in case they have been terminated in an unfair manner on unreasonable grounds.