Create a 9 pages page paper that discusses constructive dismissal and unfair dismissal claims. Although, Raj’s employer reserved the legal right to end his employment contract, their failure to serve proper notice on him regarding the issue amounts to unfair dismissal. The dispute is therefore actionable by the Employment Tribunal or Court (Collins, 2011). Failure to provide proper Raj with notice of his impending dismissal amounts to wrongful dismissal in the sense that the employer showed clear disregard for the employment contract which they signed with the employee in question. Unfair dismissal is provided for under Section 95 of the Employment Rights Act 1996. Owing to the low evidentiary threshold for establishing unfair dismissal even where the employer had adhered to the provisions of the employment contract, proving Raj’s case is easier.
The enforcement of a fair dismissal requires the grounds for the action to fall within the parameters of one of the half-dozen fair grounds for dismissal stipulated in the Act. These include: gross conduct, incompetence or lack of qualifications, redundancy, violation of laws, and or some other substantial reason (SOSR) (Cabrelli, 2009). Unfortunately, Raj’s summary dismissal for mere, unintentional lateness by 20 minutes due to train delay fails to meet any of these conditions of fairness in his treatment. The employee’s long-term exemplary service and an apology over the latest incident outweigh the “gross misconduct” grounds for his dismissal. .
Knight and Latreille (2001) noted that wrongful dismissal is defined by ERA § 95.