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Advice 1 Notes

BPTC Law Notes > Employment Law Notes

This is an extract of our Advice 1 document, which we sell as part of our Employment Law Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

ADVICE 1 Good we're making progress. I'm now going to advise you on the law.

ELIGIBILITY You're eligible for a claim for unfair dismissal. This is due to the fact that you're an employee, evidence by your contract of employment, the amount of time you've been employed continuously and that you've been working in Great Britain.

UNFAIR DISMISSAL LAW So under the Employment Rights Act you have the right not to be unfairly dismissed by your employer.

DISMISSAL: Clearly you would be able to show that you were dismissed. The question would be was this unfair.

Your employer would seemingly say that the principal reason why they dismissed you was that ________________________. They would argue that this was potentially fair as it relates to your conduct (and perhaps your capability). Therefore, for you to win your case the employment tribunal would have to conclude that this substantive reason for your dismissal did not fall within a band of reasonableness. They would also consider whether the procedure your employer followed to dismiss you was reasonable.

Buy the full version of these notes or essay plans and more in our Employment Law Notes.