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Business and Employment Law

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Added on  2021-04-24

Business and Employment Law

   Added on 2021-04-24

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Running head: BUSINESS AND EMPLOYMENT LAWBusiness and Employment LawName of the StudentName of the UniversityAuthor Note
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1BUSINESS AND EMPLOYMENT LAWTable of ContentsAnswer 1..........................................................................................................................................2Issue 1..............................................................................................................................................2Legal Rules.......................................................................................................................................2Application.......................................................................................................................................5Conclusion........................................................................................................................................6Issue 2..............................................................................................................................................7Legal Rules.......................................................................................................................................7Application.......................................................................................................................................9Conclusion......................................................................................................................................10References.....................................................................................................................................12
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2BUSINESS AND EMPLOYMENT LAWAnswer 1Issue 1Whether MB is liable to Olaf for Unfair dismissalLegal RulesAccording to section 94(1) of the Employment Rights Act [ERA] 1996, an employee isentitled not to be unfairly dismissed by his or her employer1. In order to be entitled to this right,an employee must satisfy the following eligibility criteria:a)the person must be an employee,b)the person must have been employed for two or more years,c)the person must establish that he had been dismissed.Dismissal under the ERA 1996 can be categorized into automatically unfair reasons,automatically fair reasons and potentially fair reasons. Automatically fair reasons imply that theemployee has been dismissed on the grounds of unofficial strike action or national securityreasons. The manner in which the employer has handled the situation shall not be taken intoaccount. In case employees claim to have been dismissed for unfair reasons, the employeesmust establish that are employees and have been working as one for more than 2 years andhave been dismissed on unfair grounds. The employees must establish that he or she has beenterminated by the employer with or without notice under section 95(1) of ERA 19962.1Employment Rights Act [ERA] 1996 at section [94(1)].2 Employment Rights Act [ERA] 1996 at section [95(1)].
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3BUSINESS AND EMPLOYMENT LAWAfter satisfying the criteria stipulated under section [95] of the ERA, the employersbecomes responsible to establish that the reason for dismissing the employee falls within theprima facie fair grounds for dismissal as stipulated under section [98] of the ERA 1996. Thetribunal shall determine whether the employer has acted reasonably in considering the groundfor dismissal as a sufficient reason to dismiss an employee under section [98(4)] of the Act3. Inorder to determine the reasonability of the ground of dismissal, the court shall apply the Rangeof Reasonable Responses test as held in Iceland Frozen Foods Ltd v jones [1983]4. The grounds stipulated under section [98(2)] of the ERA Act, which are considered as fairgrounds to dismiss any employee, include:i.Conductii.Capability or Qualificationsiii.contravention of an enactmentiv.redundancyv.SOSR (section 98(1)(b))Dismissal of an employee on the ground of gross misconduct is common as misconduct isconsidered as one of the fair reasons for dismissal stipulated under section [98] of theEmployment Rights Act 1996. In British Home Stores v Burchell [1978]5, the court held thatwhile determining whether a dismissal for misconduct is fair or unfair, the court shall apply theBurchell test. In order to establish that dismissal on grounds of misconduct is a fair reason, theemployers are required to satisfy that:3 Employment Rights Act [ERA] 1996 at section [98(4)].4 Iceland Frozen Foods Ltd v jones [1983] ICR 175 British Home Stores v Burchell [1978] IRLR 379
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