Unfair Dismissal: Legal Actions and Advice for Employees

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.