EMPLOYMENT

Unfair Dismissal of Employment

Unfair Dismissal of Employment

Introduction

Dave submitted employment tribunals claim for unfair dismissal on 25th August 2012 as he believed he was dismissed from his job because of unjust reasons. His employer Pamper accused him for gross misconduct for concealing and stealing the goods and taking them out of the store without paying for them. According to Dave the perfume was in his hand at all times open to view, and he intended to go back and pay for the perfume after meeting his friend for whom he crossed the store boundary. Unfair Dismissal is not a part of a common law; instead it is completely a “creature of statute” which occurs even if there isn't any breach of the contract (Bell, 2006, p.137).

Discussion

According to the UK employment law, unfair dismissal is a statutory notion that is addressed in the Employment Rights Act 1996 s.94 (1) of the ERA 1996, “An employee has the right not to be unfairly dismissed by his employer” (Bell, 2006, p.137). In order to win the case of unfair dismissal, Dave's employer has to prove that his dismissal was based on potentially fair reasons of misconduct and stealth. For this, the employment tribunal will judge the case on its particular merits. The employment tribunal will consider Dave's claims and identify if the employer's decision to dismiss him was fair and reasonable. Tribunal will not enforce its understanding of reasonableness for Dave's employer; instead the tribunal will judge the decision of Dave's employer and its reasonableness to dismiss, through the standard of a 'brand of reasonable responses' of reasonable employers. Dave has to be patient about his claim as employment tribunal can take a number of moths to determine his claims. The average time to get a final decision from the tribunal since submission of the claim is 32 weeks. If his claim for unfair dismissal is not accepted by the tribunal then he would not receive ant compensations. In an almost similar case of unfair dismissal of an employee Macquet against his employer Naiade Resorts (UK) Ltd, the Tribunal concluded that the employer followed all the necessary legal procedures of redundancy according to the ss.98(2)(c) and 98(4)(a) of the Employment Rights Act. Hence, there was no unfair dismissal because in order to cut the costs redundancy was made and so the claimant is not entitled for any compensation on the basis of unfair dismissal (www.employmentcasesupdate.co.uk).

If his claim for unfair dismissal is accepted by the tribunal, he will receive a letter of confirmation, accompanied by the booklet which will inform and explain him about further steps. Simultaneously, the tribunal will send the respondent or his employer a copy of his claim form together with a form for their response to his claims. The tribunal might send a copy of Dave's claim to Advisory Conciliation and Arbitration Service (ACAS). The ACAS conciliator will communicate with Dave to identify whether or not it is possible to resolve the claim by conciliation and without the proper tribunal ...