Institutions unfairly dismiss employees because of many reasons. According to (Zopedol,2014, p. 14) unfair dismissal is when an employer ends an employee's contract without notice. In this case, Lucy's job was terminated by word of mouth. The subject's performance was perfect as noted that she had received an award for long service and productivity the day before the dismissal. Soutter, further suggest that employees should be given a fair hearing before termination, in this case, Lucy's employer did not give her any hearing as to why she made a mistake.
The Employment Rights Acts section 86, an employer should provide a written statement to termination. The Constraints boss did not have a written statement for the employee in question hence violation of the law. Additionally, the act suggests that an employee should have worked for more than twelve months. Lucy had been employed for a long time in this case hence she had a right to make a claim. The company has a rule that extra personnel is to assist the employee in cutting off the pump system. In this scenario lack of adequate staff led to the misfortunes that given day. Although there was a violation of the company rules on lucy's part, they should have been more understanding as she had a work overload. Lucy had a role to play too; she would have been more careful to avoid such an occurrence as the spill could have led to an anticipated accident.
Failure to comply with the set rules and regulations can be subject to dismissal as stated in the Employment Act Section 80D.The company had set up rules to govern the employees hence it was important for Lucy to follow regardless of the situation. Employers should be able to give legitimate reasons and explanation for the dismissal of an employee (Lewis 2008, pg 5). It is noted in this case that the Contracts did not have an excuse for dismissing Lucy since they only referred to the company rules by word of mouth. They could not prove any fairness in denying her. In addition, they failed to follow dismissal procedures and explanation.
According to the ACAS code of practice determining, the reasonability or unreasonable of a dismissal depends on each particular case. Failing to follow spillage procedures and documentation at the place of work could be used by the employers of Lucy to show that they were fair in dismissing her from her duty. Employment Act section 1996, section 95 explains that an employee has a right to a written statement stating the reason why they have been dismissed. Lucy had a right to receive a written statement stating the reason for dismissal. This, however, was not the case.
According to the employment act 1996 section 98A, an employer must follow the required procedure to dismiss an employee. ACAS code of dismissal further states that employees have to work for more than one year to claim for an unfair dismissal. It is, therefore, an advantage for Lucy since she had been employed for a lengthy period.
The remedies for the unfair dismissal may work for or against the employee. According to Wirehouse Employer Services, an employee may have a reinstatement of the job. Although, most cases the employees do not get their old position back. In the case of receiving their job back, an employee must be given all the pay and benefits from the date of dismissal.it further states that compensation should include a primary award that will include pension rights before the dismal.
In conclusion, both parties should represent the case before the court. They should understand the implication of the dismissal to the company. In this case, Lucy is likely to win the case as noted no formal of written statement was issued.it also seems that it was the only mistake she has done since employment this is shown by the fact that she had received an award for her performance and safety awareness skills.
Lewis T.(2008), Claimants companion. Available at: <http://www.londonlawcentre.org.uk,pg5>
Zopedol,(2014)Basic Guide to Unfair Dismissal and unfair labor practices Available at: <http://www.labour.gov.za/DOL/legislation/acts/basic-guides/basic-guide-to-unfair-dismissal-and-unfair-labour-practices> pp.1 [Accessed 24 Nov 2016]
If you are the original author of this essay and no longer wish to have it published on the ProEssays website, please click below to request its removal:
- Sociology Essay Example: What Poverty Means
- Case Analysis Example: Geraldine Bordelon Against Frances Cabrini Hospital
- Research Paper on Federal Bureau of Investigation
- Money Laundering and the Effective Use of Mobile Money - Essay on Economics
- Globalization Is Not Made in the West
- Carrot-And-Stick vs Higher Order Motivation
- Essay on Evaluation of Learning and Development