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Essay / Contracts and Employment Course - 2071
Advising on whether Clarissa can bring an action for compensation for unfair dismissal against Precision Missiles PLCThe Employment Rights Act 1996 and the law on Employment 2002 deal with the issue of unfair dismissal of employees and Clarissa. must be aware of the provisions of this law. Additionally, Clarissa should be aware that the Employment Tribunal deals with issues of unfair dismissal and that she must prove that she is entitled to bring an action for unfair dismissal and a claim for compensation before bringing her claim. In addition, she must understand that the claim for unfair dismissal would only be applicable if she filed it exactly three months after the termination of her employment contract by her employer. Clarissa should be aware that the prerequisites set out in the Employment Rights Act for bringing a claim for unfair dismissal and a claim for redundancy pay require that she has served her employment contract continuously for at least one year and two years respectively. Accordingly, she should be aware that, since she meets these prerequisites, she is entitled to bring both an action for unfair dismissal and an action for redundancy pay against Precision Missiles plc since she worked for the company for a period of thirty years. To decide whether her dismissal was unfair, Clarissa now needs the court to focus on whether her dismissal was reasonable or unreasonable and this would depend on the general size of her employers, the administrative resources of her employers, the circumstances which led to his dismissal. and equity. It is important for employers to give their employers notice of termination of a contract and the reason for termination...... middle of paper ......urnett, S. Employment Law. Oxford University Press, United Kingdom, 2007. Smith, I. and Baker, A. Smith and Woods Employment Law 10th edition, Oxford, OUP, 2010. Hillier website. A., 'Garden Leave Update', Kbw, 2010 (Accessed 29 November 2011)LegislationEmployment Rights Act, 1996Employment Act, 2002CasesCiting Miles v. Wakefield MBC, 1987, AC, 539, HL. Evening Standard Co. Ltd. v Henderson, 1987, IC, 588.London Borough of Brent v Fuller, 2011, IRLR, 414.Standard Health Care Ltd v Gorman, 2010, IRLR, 233, CA.Symbian Ltd v Christense, 2001, IRLR, 77, CA. SG&R Valuation Service Co LLC v Boundaries, 2008, IRLR, 770. Norton Tool Co Ltd v Tewson, 1973, 1, WLR, 45, NIRC. Polkey v AE Dayton Services Ltd, 1988, AC, 344, HL. William-Hill Organization Ltd. c. Tucker, 2008, IRLR, 770.