Employee is at Liberty: The Employment Rights - Essay Example

For the purposes of this discussion Sections, 95(2) and 96 are not relevant as Section 95 applies to notice of termination and Section 96 applies to dismissal with regards to childbirth. In the present case, it appears on the facts of the case that , the decision was taken to terminate the services of the three aggrieved employee following a hearing. It appears that no notice was given and it is assumed that the dismissal was to take place immediately. The employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.

’ In the application Section 98, it was held by the court in Westminster City Council v Cabaj [1996] IRLR 399 that in a typical case an employer ought to have some contractual arrangement with the employee which sets out the rules and regulations pertaining to dismissal. However, failure to comply with the terms stated in the contract will not automatically give rise to successful claim for unfair dismissal.3 Again, much will depend on the reasons for the dismissal and whether or not it was justified.

By virtue of Section 98 cited above the onus is on Vintage Plc to prove that the dismissal is fair. Based on the facts of the case for discussion it appears that the three employees were dismissed for misconduct within the meaning of Section 98(2)(b) of the Employment Rights Act 1996. It was held in Dumfries & Galloway Housing Partnership v. Johnson [2005] UKEAT (22 December 2005) that ‘the onus was on the respondents to show the reason for their dismissal of the claimant.