Employment Law Essay Example | Topics and Well Written Essays - 3000 words - 1

Employment Law - Essay Example The terms and conditions also stated that he would get minimum of 20 sessions with the members of the company. Regarding health facilities, the company did not provide him with sick pay, and in case of absence due to ill health, he had to substitute himself with one of the company’s other trainers with prior permission from the company. The company did not entitle him to membership of the company’s pension scheme and was responsible for paying his own taxes and National Insurance. However, one fine day Tom was shocked to receive the termination letter from the company ending the contract with the Unfit Ltd. stating his continuous poor performance as the reason. According to the United Kingdom’s Employment Rights Act, 1996, all employees are supposed to have an employment contract with their employer, either in written or oral. It is further clarified that there is an express contract between employee and employer in case of no written contract is created, which m akes Tom and his employer liable to the employment rights act and mandates both the parties to follow the rules and regulation specified in the law (www.direct.gov.uk). There are few points for consideration on behalf of Tom on the basis of which he can make a claim for unfair dismissal from Unfit Ltd. Notice Period According to Employment Rights Act 1996, Sec. ... diate effect without prior notice is the only point which has can be put before tribunal for claim (www.legislation.gov.uk) As the reason specified by the Unfit Ltd, gym club is the ‘persistent poor job performance’, it is further clarified that even in the absence of written statements of terms and conditions of employment, an employee working for one month is liable to receive not less than one week of notice, unless dismissed for gross misconduct. The brief facts of the case does not mention the Tom’s period of employment and his date of ending the contract with Unfit Ltd. Tom has been employed for more than three years with the company, making him liable for receiving of termination notice from his employer for at least three weeks in advance, according to Sec 86 (1) (b) (www.legislation.gov.uk).. However, it has to be mentioned that termination in the contract is fair if the reason relates to the conduct of the employee under Sec. 98 (2) (b) which empowers th e employer to terminate the employee for its bad conduct or ‘poor job performance’. Even though the company has the right to terminate employee under section 98 (2) (b), it is necessary to give prior notice to the employee informing and explaining the reasons for his termination, three weeks in advance as mentioned in Sec. 86 (1) (b) (www.legislation.gov.uk). Since the employer, Unfit Ltd, gym club has not given any advance notice before immediate termination; Tom has the right to make a claim for unfair dismissal before Employment Tribunal under Employment Rights (Dispute Resolution) Act 1998 (www.legislation.co.uk). Further an employee is entitled to ask for a written statement from the employer stating the reasons of termination which is governed under Employment Rights Act 1996 under Sec. 92 (1)