Legal Framework in Employment Essay Example | Topics and Well Written Essays - 3250 words

Legal Framework in Employment - Essay Example The burden to prove that the employee has been unfairly dismissed lies with the employer to give sufficient reasons to justify the dismissal. Employers have defences in law to justify their reasons and prove that the dismissal was fair. This was seen in (British Leyland (UK) Ltd v Swift, 1981), where the court held that the test that should be applied when determining whether there has been a fair dismissal was whether it was reasonable for the employer to have dismissed the employee on the basis of gross misconduct which had been found. The same was seen in (Iceland Frozen Foods Limited v Jones, 1983) where the band of reasonableness test was laid down. It was held that, in determining the fairness of dismissal, the employment tribunal ought to consider whether the conduct of the employer was reasonable. The provisions of the Employment Rights Act, 1996, protect employees under a contract of employment. One provision is involved that every employee has the right not to be unfairly dismissed by their employer, (Employment Relations Act 1996, s 94). Following this Act Craig is covered by the provisions of the Act, to claim a remedy for unfair dismissal under section 94. If employees want to qualify for protection under section 94, they must have been in continuous employment for a period that is not less than one year before the end of the effective date when their contract is terminated, (Employment Relations Act 1996, s 108). The issue of whether an employee would have been dismissed anyway irrespective of the procedural failings, was set forth in the Polkey rule, (Polkey v AE Dayton Services Ltd, 1987). The Employments Rights Act in section 94 makes provisions that employees have the right not to be unfairly dismissed from employment. procedural fairness examines whether the dismissal was carried out in a procedurally fair manner. This is in