Employee Rights Act Case Study

Issue

The main issue in the question is whether Mr. Jones rights under S.94 of Employment Rights Act (ERA)1996 which state that an employee has the right not to be unfairly dismissed by the employer has been violated or not.

Rule

(TULRA) Trade Union and Labour Relations (consolidation) Act 1992

S.212b Dismissal Procedure Agreements where ACAS can agree any dismissal procedures contract within the meaning of The ERA 1996 and can refer to any matter to the arbitration of a person appointed by ACAS for the purpose (not being an employee of ACAS or an officer). (Legislation.Gov.Uk, 1997)

S.98 of The Employment Right Act (ERA) 1996 states as follows:

(1a) To determine whether the dismissal of an employee is fair or unfair for the employer to show the reason for the dismissal.

(2b) A reason falls within this if it relates to the conduct of the employee.

(4a) the question whether the dismissal is fair or unfair depends on whether the employer acted reasonably or unreasonably in treating it as a sufficient reason for diminishing the employee.(Legislation.Gov.Uk, 1996)

Application

Since clearly mentioned above that the company investigated the matter of missing

So the court approved the approach held in (Abernethy v Mott. Hay & Anderson, 1974) where it was ruled that: “A reason for the dismissal is a set of facts known to the employer, or it may be of the beliefs held by him, which cause him to dismiss the employee. If at the time of the dismissal the employer gives a reason for it, that is no doubt evidence at any rate as against him, as to the real reason.” Relying on the verdict Mr. Jones dismissal was unfair as the genuine reasons were not given by the