International law faculty third year student muhammadvafo matyakubov

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Task I. Complete the following table:

Unfair dismissal


Wrongful dismissal

Specific legislation (the right not to be unfairly dismissed is a statutory right conferred by the Employment Rights Act 1996).

The fact that a man was fired against his will.

No specific legislation (the right to claim wrongful dismissal is not set out in legislation, it is a common law claim based on breach of contract).

Certain restrictions on claim (you must be an employee under a contract of employment).

In both cases, the worker asserts his rights.

No strict eligibility rule (that means other types of workers or consultants can bring claims of wrongful dismissal).

A claim might be brought if the employee have been employed for two years or more.

A person is dismissed by a superior.

A claim may be brought regardless of how long someone has been employed.

You must generally bring your claim of unfair dismissal in the employment tribunal within three months of the date of your dismissal.

In both cases, the person believes that he was dishonestly treated.

A claim of wrongful dismissal can be bought in the ordinary courts up to six years after the dismissal.

A dismissal must also be substantively fair.

In both cases the final decision is given by the court

Substantively fairness is not relevant to claims of wrongful dismissal.

Task II. These are 6 reasons for fair dismissal:

conduct, capability,

redundancy, retirement,

statutory restriction and another substantial reason.

Choose one of them and read the relevant information on page 104 and answer these questions:

To answer the following questions, I have chosen redundancy.

  • What must an employer show in order for the reason to be genuine (true) and justify dismissal?

I personally believe that the employer always has a right of defining with whom he can work. However, almost in every single case, fired employees try to defend their so called “violated rights” with a help of law. It means that an employer must have good (justify) reasons to protect himself. Thus, here are some adequate reasons for employer’s self-dependence:

  1. Implementing new technology or a new system that will cause the employees’ work unnecessary. Technology does everything better, faster and more qualitative.

  2. The occupation that the employee was hired for no longer exists.

  3. Due to the number of employees, the employer cannot pay the salary which the employee requires.

  4. The business of the company is closing or moving to the next level.

  • What defenses might an employee have?

Many employees deeply convinced that they can defend themselves through law. There are some strategies of defense against the above-mentioned reasons of employer:

  1. Technology cannot replace human’s heart.

  2. Another person was taken to this position. At least another occupation was created that is very similar to fired worker’s job.

  3. I can demand less. I must stay. I do understand the position of employer and can work for the salary he can afford”.

  4. I was ready for retraining, but the employer did not let me do that”.

  • Make your AUDIO answer and download it to Moodle2.

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