Unfair Dismissal: Legal Actions and Advice for Employees

This report discusses the concept of unfair dismissal and provides advice for employees facing unfair dismissal. It explores legal actions that can be taken, such as filing a breach of contract or inequality suit, and seeking compensation. The report also highlights the importance of avoiding unfair dismissal to maintain employee motivation and satisfaction.

UNFAIR DISMISSAL

Table of Contents
Table of Contents.............................................................................................................................2
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Advice to Aisha for her legal position........................................................................................3
Advice to Berta which she can take in legal terms.....................................................................5
CONCLUSION................................................................................................................................6

INTRODUCTION
The unfair dismissal is referred to as the dismissal or removal of the employees from
their jobs because of some unjust or unfair reason1. This is a wrong practice which is used by
many of the companies and this need to be stopped in order to increase the performance of the
employees. This has a impact up on the productivity of the employees as if there will be high
dismissal of the employees then other employees will not work in effective manner. Thus, the
present report will highlight the case of company where they did unfair dismissal and this report
will suggest the ways in which what the dismissed person can legally take the action against the
company.
MAIN BODY
Advice to Aisha for her legal position
Aisha is employed at the post of casual counter staff and in her contract it is also
mentioned that she has to be available as and when the shift requires her. Aisha was working in
the company since 26 weeks and was paid £7.60 per hour. And she worked 4 hour shifts when
she was called and on an average 4 shift per week. On the other hand another employee named
Chris who was working as a warehouse assistant was paid £9.90 per hour. Hence, for this the
difference in the pay Aisha challenged the company for not having equality in the pay. But the
employer defended the company by giving some arguments in favour of the company. Further
Aisha was suffering from some disease and for this she took 2 week off and was requiring an
operation and will not be able to come for at least one more month. In against of this message of
her the company replied that she is terminated from the job and their employment contract is
terminated2.
Now in this case a wrong and unfair dismissal and Aisha can take many steps and
corrective measures against the company. The first and foremost legal step which Aisha can use
is to file a breach of contract. This is majorly because of the reason that earlier a contract was
signed and in that the employment condition are being listed. In this it was clearly mentioned
1 Collins, P., 2018. The Inadequate Protection of Human Rights in Unfair Dismissal
Law. Industrial Law Journal, 47(4), pp.504-530.
2 Bowers, J. and Lewis, J., 2018. Whistling for Dismissal and Detriment Remedies:
Royal Mail Ltd v Jhuti. Industrial Law Journal, 47(1), pp.121-134.

that the company cannot terminate the employees when they have some medical problem and
disease. Hence, under the Contract act, 1872 Aisha can file a suit against the company for the
unfair dismissal of the company.
Another major legal measure which Aisha can take in against of company is to file a suit
for the inequality which is being taking place in the company3. This is also a legal step which
Aisha can take against the company. This is majorly pertaining to the reason that the arguments
which company gave for giving high pay to Chris were not valid. It was not valid that Chris is
senior so he will get high pay as compared to others. Also, this is not fair that the pay is given in
accordance with the experience the person is having within the company. Rather this pay must be
decided in accordance with capacity and capabilities of the person rather than how much time
they are working within the company. This is majorly due to the reason that sometimes even the
person is having experience in the company but is not much capable of that position. On the
other side, sometimes the person is new in the company but is more capable then the experienced
employees. Hence, in this situation Aisha can file a suit under the Equality act 2010 against the
company for the unequal pay given to the employees.
Another major legal action which Aisha can take against the company and the employer
is to take compensation from the company for the unfair dismissal. This is also a legal action
which the employee who is unfairly dismissed from the job cab file a compensation from the
company. The compensation is the monetary amount which the employee who is unfairly
dismissed can ask the company to pay for the money4. It is the duty of company to compensate
for the unfair practice and treatment which the company has done with the employee by
dismissing the employees without nay logical or practical reason. Hence, in the present case
Aisha can also call and file for a compensating amount and it is responsibility or obligation of
the company to pay for the compensation to Aisha.
3 McRostie, S. and Giles, M., 2017. Footy coach's' unfair dismissal'gets the
boot. Proctor, The, 37(1), p.34.
4 Mohamed, A.A.A., Mohamed, M.A.S. and Baig, F.B.S., 2017. POST DISMISSAL
EARNING AND REDUCTION OF MONETARY COMPENSATION FOR UNFAIR
DISMISSAL IN MALAYSIA. International E-Journal of Advances in Social
Sciences, 3(7), pp.60-69.

Advice to Berta which she can take in legal terms
Berta joined the company as full time employees and is working since time period of 3
years and was employed to work in the warehouse of the company. The company introduced a
new system of automated stock control system in accordance with the latest technology going on
in the market. As the technology was installed within the company Berta found it very difficult
to adapt to the latest technology of the stock control system5. Thus, she encountered with many
different mistakes and problems while operating these technology operated system. After the 5
week since the installation of the technology relating to stock control called Berta and told her
that she is very slow in learning the new machinery and she is not suitable for the company and
its working.
Hence, she got upset and left the premises and did not return to work next week. At the
end of week the company assumed that she has resigned from the work. Thus, the company sent
a letter to Berta in which the company wrote they end the employment contract with Berta and
now she is no more the employees of the company. This is an unfair dismissal as she was not
given more chance of learning the new technology. Also, it was the duty of company to hire
some professional and expert to train the employees before installing the technology. This was
not done by the company so it is the mistake of company and they unfairly dismissed Berta
which is wrong in both legal and moral values on side of company. Thus, here there are many
legal action which can be taken by Berta in this particular situation which are discussed as
below-
The first legal actions which can Berta undertake is filing a complaint to the HR of the
company. This is majorly because of the problem is solves at the company level then this will be
more helpful for both company as well as Berta. For company it will be helpful because they will
not have to go to court and file suit against the company and will settle the matter out of the
court6. For company this will be beneficial because this will not hamper or reduce the goodwill
of the company. Thus, under this settlement the only solution is the compensation to be given to
5 Desrieux, C. and Espinosa, R., 2019. Scale for capped damages in case of unfair
dismissal: some empirical evidence. HAL.
6 Shi, E. and Zhong, F., 2018. Rethinking the reinstatement remedy in unfair dismissal
law. Adel. L. Rev., 39, p.363.

Berta against of the unfair dismissal of them. Thus, this compensation will satisfy Berta that at
least the company realised their mistake and has compensated for it.
Another major legal action which can be taken place in this situation is the filing of the
suit under the employment act 2002. Under this act the employee cannot be removed by the
company without any prior notice and also the employer cannot insult or humiliate any of the
employees at the workplace. But in case of Berta the employer called her and insulted in front of
other people which was a wrong act of the company. Due to this humiliation she left the place
and till the next way not returned to the company7. In lieu of this company sent a letter stating
that company is ending the employment contract which cannot be done. Also, another legal
clause under this situation is that the employment can be cancelled from the mutual permission
of both the parties that is the employer and the employees. But in this case the employer has
terminated the contract but there is no response from the side of Berta.
Also, Berta can file a case in the labour court against the employee. This is majorly
because of the reason that labour laws also work in the betterment and safeguarding of the rights
and duties of the employees. Hence, this will also help Berta in gaining compensation and it will
also work in protecting the other rights of the employees as well in the company.
CONCLUSION
In the end it is summed up that unfair dismissal is wrong practice and must not be used
by the company. This is majorly because of the reason that this unfair dismissal can remove or
terminate the employee from the job without any logical reason. Hence, for minimizing this
company must avoid unfair dismissal of the employees. This will motivate other employees to
work in more proper and effective manner as if the employee will not be terminated without any
proper reason then the other employees will be happy and satisfied within the company.
7 Freyens, B.P. and Gong, X., 2017. Judicial decision making under changing legal
standards: The case of dismissal arbitration. Journal of Economic Behavior &
Organization, 133, pp.108-126.