Employment Law Advice for Employees: Understanding the Rights and Provisions Regarding Dismissal

This report discusses the Employment Rights Act, 1996, which protects the rights of employees in the workplace. It covers the areas that are covered through the contracts of employment, sick leaves, health and safety, anti-discrimination, data protection, holidays, and working hours. The report also explains the prescribed procedure for removing or terminating an employee from the organization and the five basic reasons through which dismissal can be done under the Employment law.

Employment Law
Advice

Table of Contents
INTRODUCTION ..........................................................................................................................4
TASK ..............................................................................................................................................4
CONCLUSION ...............................................................................................................................4
REFERENCES................................................................................................................................5

INTRODUCTION
The relationship between employers and employees is regulated through Employment
law. It basically protects the rights of employees and interests of employers. The rights of the
workers or employees is protected in order to maintain fairness in the organisation. The
Employment Rights Act 1996 is an act which protects the rights of employees regarding various
things such as protection of wages, redundancy payments, flexible working, employment
termination, suspension from work, unfair and wrongful dismissal. There are mainly three basic
rights of the employees which includes their working hours, timely payments and
indiscrimination regarding caste, colour, creed, gender, religion, origin and sexual orientation1.
The areas that are covered through the contracts of employment are sick leaves, health and
safety, anti-discrimination, data protection, holidays and working hours. This report will cover
the rights of employees at workplace and provisions regarding dismissal in the organisation,
which particularly includes wrongful dismissal.
TASK
The employees or workers in an organisation are protected under the Employment Rights
Act, 1996. In United Kingdom, the employees of an organisation are protected under the
Employment law which safeguards the right and duties of employees. The employees are
basically protected under situations like paternity leave, maternity leave, redundancy and
dismissal. The contract of employment bounds an employee to work in an organisation according
to the requirements and obligations of the organisation. A contract basically compels an
employee to work in the organisation according to the needs and requirements of the
organisation with specification of its working hours, payments and policies of the company2.
These policies may include the policy regarding the termination and dismissal of employees or
when an employee is terminated or dismissed from the company.
Under the following situation where Simona has been dismissed from the company, she
is advised to consider the Employment Rights Act, 1996 under the Employment law. There is a
1 Bond A, '2016/10 Associative Victimisation Claim Allowed To Proceed (UK)' (2016) 1
European Employment Law Cases
2 Clarke L, 'Repudiation Of Contract And Breach Of Confidence: General Billposting
V Atkinson Revisited' (2003) 32 Industrial Law Journal

prescribed procedure for removing or terminating an employee from the organisation. If an
employee is terminated or dismissed from the company without giving any specified reason then
it comes under the wrongful dismissal. When an employee is dismissed from the organisation
without giving any notice or a reasonable reason then it comes under wrongful dismissal. An
employee can make a claim under wrongful dismissal at the Employment Appeal Tribunal (EAT),
where an employee can make a claim within 3 months of their termination in order to validate the
process. In the case of General Billposting Co. v. Atkinson, damages were obtained through the
manager of the company in case of wrongful dismissal against the company. Damages were
received through the enforcement of stipulation by the manager of the company. In civil courts,
an employee can bring his claim for wrongful dismissal within 6 years of termination of
employment contract3. If it was found that the employee was wrongfully dismissed by the
employer, then the employer would be liable to pay the damages and may even retrieve back the
employee to his position in the organisation. The standard compensatory amount for wrongful
claim is basically capped at 25,000 Euros which is the maximum statutory amount for
compensation of damages through the Employment Appeal Tribunal (EAT).
The procedure for dismissal of an employee from the organisation includes the following
steps which are mentioned below:
 Firstly, the employer must investigate the matter in order to validate the dismissal of
employee.
 Secondly, the employee must be informed about the matter in writing so that there can
be a valid justification from the employee.
 Thirdly, a meeting must be set with the employee through disciplinary hearing in order
to hear from the sides in order to lay out fair decision.
 Fourthly, the employee must be informed about the decision in writing in order to
validate the procedure.
 Lastly, the employee must be given a chance to clear their issues through the right of
appeal.
The five basic reasons through which dismissal can be done under the Employment law
are:
3 Estreicher S, and Hirsch J, 'Comparative Wrongful Dismissal Law: Reassessing
American Exceptionalism' [2013] SSRN Electronic Journal

 Capability or performance – If the performance of the employee is very low in
accordance to their capability or if an employee is working less than their capability
regarding skill and quality of their work4. The continuous poor performance of the
employee may lead to risk their job by dismissal on the ground of poor performance and
capability.
 Statutory illegality or breach of a statutory restriction – An employee can be
dismissed if he breaches the statutory obligations of employment law which includes
continuation of job on expiration of the period of job, criminal record of employee is
found by the organisation, employee lacks the qualification that is required for the job
role and if the employee does not have driving licence that is needed in order to drive
and come for their job.
 Redundancy – When there is less requirement of employees in the company to carry out
a business, then the employees are redundant from their jobs in order to fulfil the
obligations and requirements of the company.
 Conduct – If an employee performs against the requirements and needs of the
organisation by conducting an poor attendance, harassment, insubordination or bullying
with being absent from the company without specifying any valid reason then company
can remove such employee in regard of their misconduct5.
 Other substantial reason - There can be other reasons through which an employee can
be dismissed regarding their dismissal which may include the internal pressure from the
employer to remove or terminate an employee due to their internal issues which is totally
unfair for an employee.
CONCLUSION
From the above report it is concluded that the employment law of United Kingdom is basically
made to regulate the relations between employers and employees in an organisation. Employees
4 Molitor M, '2016/13 Compensation For Wrongful Dismissal Includes Loss Of Equity
Income (LU)' (2016) 1 European Employment Law Cases
5 Ndzi E, 'UK Company Law And Precarious Employment Contracts' (2017) 59
International Journal of Law and Management

are also protected under various areas which mainly includes indiscrimination, timely payment
and process of dismissal. The employees in an organisation must be dismissed through a
prescribed procedure in order to maintain fairness in the organisation. If an employee is
dismissed through wrongful dismissal then damages must be paid to him in order to compensate
their loss and even their position in the organisation must be retrieved back to them by appealing
in the Employment Appeal Tribunal.

REFERENCES
Books and Journals
Bond A, '2016/10 Associative Victimisation Claim Allowed To Proceed (UK)' (2016) 1
European Employment Law Cases
Clarke L, 'Repudiation Of Contract And Breach Of Confidence: General Billposting V Atkinson
Revisited' (2003) 32 Industrial Law Journal
Estreicher S, and Hirsch J, 'Comparative Wrongful Dismissal Law: Reassessing American
Exceptionalism' [2013] SSRN Electronic Journal
Molitor M, '2016/13 Compensation For Wrongful Dismissal Includes Loss Of Equity Income
(LU)' (2016) 1 European Employment Law Cases
Ndzi E, 'UK Company Law And Precarious Employment Contracts' (2017) 59 International
Journal of Law and Management