Employer must show reasons for dismissal
Some other substantial reason!
Brought before employment tribunal
Must go through ACAS process before bringing claim
Fees: £250 to submit a case, £950 to take it to tribunal
Must be an employee who has served for 2 years.
Claim must be presented in 3 calendar months
Has the employer followed its own internal procedure ( if any)
has the employer followed the ACAS code of practice?
when dismissal occurs without proper notice or justification
The remedy for this is damages based on what would have been paid in notice period
Employers should give form 1 to 12 weeks notice when terminating a contract. ( unless stated otherwise in contract)
If a serious breach of contract occurs employees can be dismissed without notice.
Common Law tests
Mutuality of Obligation
Reflects relationship between Person and Employer
Needs to be flexible up to a point in its day to day performance
Likely to change with time
Good contracts require trust and to operate properly.
Contracts do not need to be in writing(but it makes good practice)
other sources of contract terms
Letter of engagement
Wage slips (evidence of pay)
Orally agreed terms (hard to prove)
Any law or obligation derived from: