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James is a computer programmer at Mega- Bytes Ltd and has worked for them over the
last twelve years; he was dismissed without any notice. His supervisor has claimed that
James was incompetent and useless.
James has been working for this company for so many years now and has never had
any problem until now. James was sacked on the grounds of wrongful dismissal and
will now need to follow legal procedures to resolve his case.
Before James can start any kind of claim procedure for this case he has to find out
what rights he has and how can he enforce them. James is possibly eligible to a
potential claim for wrongful dismissal, as Ian Hunter (pp…2003) referred that
“employees has a time limit for submitting a claim an employment tribunal within three
months of the date of dismissal" e.g. from 10 December till before 31 February.
Dear Mr James
I am sorry that you do not have the necessary aptitude to deal with the work which we
have allocated to you. I hope that you will be able to find other work elsewhere which is
more in your line of work. As you will recall from the interview this morning, the
company no longer requires your services after the end of the month.
Wrongful Dismissal
A wrongful dismissal is based on contract law as dismissal in breach of contract that is a
relevant issue for a court or tribunal hearing such a claim will be the employment contract
obligations of the employer.
It’s occurs most commonly where an employer summarily dismissed an employees
without the period of notice or with insufficient period of notice under employees
contracts of employment.
The compensation value on wrongful dismissal cannot exceed £25,000 of the payment
and employee’s who has been dismissed is entitled to receive, upon request
(XpertHR.co.uk).
Unfair Dismissal
A grounds unfair dismissal it’s normally be considered potentially unfair when employers
don’t provide these following categories reasons had happened during the dismissal
procedures as
Misconduct, capability or qualifications for the job entitled and also redundancy.
“Section 94 of the 1996 Act provides that, every employee has the right not to be unfairly
dismissed" Carr and Kay pp.133 (1998).
All the employee’s must be entitled to bring a claim for example who have been
dismissed or be dismissal under notice; except self-employed or employees who have on
the basis of a compromise agreement employees are not eligible to claim to for unfair
dismissal.
“Employees who voluntarily resign, for example, will not a claim for unfair dismissal
because a resignation is not a dismissal" Ian Hunter pp.215 (2003).
In lawful dismissal case, employers must show that dismissal has to be a ‘fair’ reason for
dismissing employees and employers must have completed the necessary qualifying
period of employment to avoid unfair dismissal case claimed.
From the above information shows that James’s case didn’t present any aspect of unfair
dismissal.
Conclusion
The conclusion of the offer research on case conducted shows that there is not principled
basis of common law rights to protecting employees from wrongful dismissal, resulted
from their circumstances of alleged mistake.
As the case study show that failure wasn’t intentional but the other way doesn’t show
how big the report required (...) from James supervisor. If James was incapability to do
the task he was entitled, he should be re- trained since the supervisor noticed that James
wasn’t able to perform or complete his task as employee.
The Relationship between the employee and employer it also result in employee under
motivation on workplace. According to Maslow, employees have five levels of needs
(Maslow, 1943): physiological, safety, social, ego, and self- actualizing.
Employee motivation is really important and helps organization survive to avoid job
dissatisfaction that doesn’t show on the case.
The contrast mentioned by the supervisor about James capacities but the other hand
shows James without any previous case over twelve years; it means between employer
and employee was a good relationship or good information and communications in the
company.
From the research made shows that James’s employer failure to follow the disciplinary
and grievance procedures required by employment act1996 for disciplinary procedure or
dismissal. So James will be entitled to claim for wrongful dismissal and morale damages
as employee dismissed without notice and was been insulted by his supervisor.
Employer should provide so protection to employees must terminate the contracts by
notice under common law and justify any reasons for dismissal that’s the way James
employer should acted in this case. If employee’s committed mistakes they have to suffer
a disciplinary action under the common law.