Historical account of the development of the law on unfair dismissal up to the present day

article on give an historical account of the development of the law on unfair dismissal up to the present day. this will include reference to statute and government proposals, and a selection of decided cases that have contributed to the development of the law on di Paper must be at least 2500 words. Please, no plagiarized work! Just above 40% of the cases dealt by tribunals annually concern chiefly unfair dismissal claims. This paper attempts to explore the various corners of the statute of unfair dismissal, initiating from its statutory definition, its historical development, reasons for fair dismissal such as misconduct, redundancy, incapability and reorganization, its discriminatory applications, the advantages associated as well as the remedies offered by the employment tribunal in case if the dismissal is proved to be unfair2.

It is defined for the aims of redundancy and unfair dismissal in Employment Rights Act 1996, sections 95 as well as 136 respectively. Although the definitions are identical and conceive of dismissal developing in any of given three situations:

Don't use plagiarized sources. Get Your Custom Essay on
Historical account of the development of the law on unfair dismissal up to the present day
Just from $13/Page
Order Essay

In case if the contract has been terminated by the employee, after notifying or without notification, in conditions providing him the entitlement to terminate without notifying the employer due to employer’s conduct.

The term unfair dismissal in context to law is used for termination of an employment contract for inadmissible or unfair reasons. In case, such an act is challenged within a court, by the affected employee, then the employer is needed to establish that the termination was based on a significant reason such as deficiency of qualification, gross misconduct, and incapableness to execute assigned responsibilities, or redundancy. While deciding such cases, the statutory rights of employee are taken into consideration by the court4.

The terms ‘unfair dismissal’ and ‘wrongful dismissal’ seems similar but within the United Kingdom, the terms are rather unalike as wrongful dismissal is referred to when the employment contract is terminated by the employer in order to dismiss the employee or forcibly causing an employee leave. It is established on the basis of contract law.

Order your essay today and save 20% with the discount code: GREEN

Order a unique copy of this paper

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
Top Academic Writers Ready to Help
with Your Research Proposal
error: Content is protected !!
Live Chat+1(978) 822-0999EmailWhatsApp

Order your essay today and save 20% with the discount code GREEN