Posted: December 30th, 2021
Compose a 3250 words assignment on legal framework in employment. Needs to be plagiarism free! The burden to prove that the employee has been unfairly dismissed lies with the employer to give sufficient reasons to justify the dismissal.
Employers have defences in law to justify their reasons and prove that the dismissal was fair. This was seen in (British Leyland (UK) Ltd v Swift, 1981), where the court held that the test that should be applied when determining whether there has been a fair dismissal was whether it was reasonable for the employer to have dismissed the employee on the basis of gross misconduct which had been found. The same was seen in (Iceland Frozen Foods Limited v Jones, 1983) where the band of reasonableness test was laid down. It was held that, in determining the fairness of dismissal, the employment tribunal ought to consider whether the conduct of the employer was reasonable.
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