Advise on whether Clarissa can pursue a claim for unfair dismissal compensation against Precision Missiles PLC
The Employment Rights Act of 1996 and the Employment Act of 2002 deals with the issue of unfair dismissal of employees and Clarissa should be conversant with the provisions of this Act. Moreover, Clarissa needs to know that the employment tribunal deals with issues of unfair dismissal and that she has to prove that she is entitled to bring a claim of unfair dismissal and a claim for compensation before presenting her claim. In addition, she needs to understand that the claim for unfair dismissal would only be applicable if she brings it exactly after three months after termination of her contract of employment by his employer. Clarissa should know that the preconditions laid down by the Employments Rights Act to bring for bringing a claim of unfair dismissal and a claim for redundancy pay requires that she has served in her contract of employment continuously for a minimum of one year and two year respectively. Accordingly, she should know that since she meets these preconditions and she is entitled to bring both a claim for unfair dismissal and a claim for redundancy pay against Precision Missiles plc since she has worked for the Company for a period of thirty years .
In coming to a decision whether her dismissal is unfair, Clarissa needs to now that the tribunal will concentrate on whether her dismissal was reasonable or unreasonable and this would depend on the general size of her employers, administrative resources of her employers, the circumstances that led to her dismissal and equity. It is important that employers give their employers prior notice for termination of a contract and reason for termination of the contract. Clarissa should know that since Precision missile gave her a six months notice before terminating her contract of employment she cannot rely on lack of prior notice in bringing a claim for unfair dismissal.
Procedural fairness is another matter important in claiming unfair dismissal. In relation to these Clarissa should know that before dismissing her company ought to assess her previous record of service in relation to what led to termination of her termination of employment of contract. Since in this case, Clarissa had been an employee at Precision PLC for a period of 30 years and had an exemplary employment record save for the few problems in that she encountered in one month as a result of her divorce, she needs to know that she can bring a claim of unfair dismissal under this ground. Furthermore, since her distance miscalculation could not bring any harm she can use this also use this point to strengthen his case .
The Employment Act stipulated that an employment must stipulate the reason for termination of the employee’s employment contract and must in the statement provide a provision allowing the terminated employees to appeal. It should come to Clarissa notice that if...