#10061 - Advice 1 - BPC Employment Law

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.

STRENGTHS/WEAKNESSES

Turning to the strengths and weaknesses of your case. Your weaknesses, to start with, are that

However, the strengths of your case are that:

POTENTIAL CLAIM

Therefore, based on weighing up these points, I advise that you do have a claim for unfair dismissal.

REMEDIES

So should your case...