Under What Legal Conditions Can Julian and Bill Be Subject to Dismissal? What Claims for Unfair Dismissal Could Either Pursue? What Other Rights Might Be Relevant to Either Bill's Situation in Story 1 or Julian's Ironic Situation in Story 2.
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- Date Submitted: 03/26/2011 12:15 PM
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Under what legal conditions can Julian and Bill be subject to dismissal? What claims for unfair dismissal could either pursue? What other rights might be relevant to either Bill’s situation in story 1 or Julian’s ironic situation in story 2.
INTRODUCTION:
In order to give an answer to the questions asked herein, it would be wise to firstly, look at what the law says an employee is and that of an employer. In addition to that, it would also be necessary to look at what the legal conditions for dismissal is and that for unfair dismissal. It would also be helpful to look at what positions both party hold in the story at hand and whether they are classified an employee under law.
It can be said that in the United Kingdom, there are 3 main sources of employment law, such being¹:
• Statute – Employment Rights Act 1996
• Case law – Mandla v Dowell Lee (1983), and
• European Law
Employment law on a whole governs the relationship between an employer and employee.
Who is an employee/employer?
Under section 230 of the Employment Rights Act 1996 (ERA), an employee is described as being an individual who has entered into or works under a contract of employment whether orally or in writing².
As that of an employer, employees, have various rights, duties and liabilities to each other under law. As an employer, he or she has vicarious liabilities for the actions of his/her employees throughout the course of their employment. Being an employer/employees, each have various responsibilities, such being, whilst an employer is responsible for the deductions of income tax and national insurance contributions from its employees wages, an employee is bound by terms of employment set out in their contract whether implied or express. An employer also owes a good standard of care to his employees in regard to Health and Safety
An employee has the right not to be unfairly dismissed by his employer, however in certain circumstances; an employee has the...
INTRODUCTION:
In order to give an answer to the questions asked herein, it would be wise to firstly, look at what the law says an employee is and that of an employer. In addition to that, it would also be necessary to look at what the legal conditions for dismissal is and that for unfair dismissal. It would also be helpful to look at what positions both party hold in the story at hand and whether they are classified an employee under law.
It can be said that in the United Kingdom, there are 3 main sources of employment law, such being¹:
• Statute – Employment Rights Act 1996
• Case law – Mandla v Dowell Lee (1983), and
• European Law
Employment law on a whole governs the relationship between an employer and employee.
Who is an employee/employer?
Under section 230 of the Employment Rights Act 1996 (ERA), an employee is described as being an individual who has entered into or works under a contract of employment whether orally or in writing².
As that of an employer, employees, have various rights, duties and liabilities to each other under law. As an employer, he or she has vicarious liabilities for the actions of his/her employees throughout the course of their employment. Being an employer/employees, each have various responsibilities, such being, whilst an employer is responsible for the deductions of income tax and national insurance contributions from its employees wages, an employee is bound by terms of employment set out in their contract whether implied or express. An employer also owes a good standard of care to his employees in regard to Health and Safety
An employee has the right not to be unfairly dismissed by his employer, however in certain circumstances; an employee has the...