Legal Framework in Employment Essay Example | Topics and Well Written Essays - 3750 words

Legal Framework in Employment - Essay Example As per common law, an employer has the right to dismiss an employee with prior notification. Terminating an employee without prior notice is a ‘wrongful dismissal’ against which an employee can sue the employer. Unfair dismissal is created by statute law, and it may occur even with proper notification. The Employment Rights Act 1996 has given six potentially fair reasons for terminating an employee. The employer has to ensure that the decision of dismissal, he has made justified and is conducted fairly.Employment Relations Act 1996, section 98 (4), provides details to declare a dismissal fair or unfair. The employer is responsible to justify a fair dismissal and likewise give reasons for unfair dismissal. In any case, if an employer is unable to prove that the dismissal is justified as per the Employment Relations Act 1996, it will be declared as unfair.Not only the law provides support to the employees the employers also have equal defenses to claim the fairness of thei r dismissal decision.In the case [British Leyland (UK) Ltd v Swift, (1981)], the employer’s decision was declared as ‘fair’ by the court of law as the employer justified his decision claiming to terminate an employee due to misconduct.In another case [Iceland Frozen Foods Limited v Jones, (1982)], the employer terminated a night-shift foreman at the warehouse. The employer held the employee responsible because he could not secure the warehouse at night which resulted in slow production.