Employment law Essay Example | Topics and Well Written Essays - 2000 words - 3

Employment law - Essay Example Accordingly, the first step is to notify the employee of the allegations against him in writing and invite him for a meeting to discuss the matter. The employee has the right to be accompanied at the meeting and then employer shall notify the employee of the decision. If the employee wants to appeal, employer must hold an appeal meeting at which the employee has the right to be accompanied and then communicate the final decision to the employee. Failure to follow this procedure entitles the employee who is otherwise qualified to make a claim for unfair dismissal and the employment tribunal is competent to find it as an automatically unfair dismissal in which case compensation can be from 10 to 50 per cent depending on the severity of the treatment meted out to the employee.2. Qualifications for making an unfair dismissal claim is that the employee must have been in 2 years’ or 1 year’s continuous employment depending on the cut-off date of 6th April years requirement ca me into force. This is subject to certain exceptions. They are3 Further the ACAS Code 35 states that even if the employer wants to make a summary dismissal of the employee for gross misconduct, he will do well to establish facts before taking any action and it would be desirable to place the employee under short period of suspension. Code 46 states that an internal appeal preferred by the employee should be heard by a more senior manager not involved with the case. If no senior manager is available in small organizations, another manager or any other impartial person overseeing the case should be asked to hear the appeal. 4 Again, the dismissed employee must make an appeal within three months from the date of dismissal. In the instant case, subsequent police investigation reveals that Abe is innocent and his colleague Bruce alone is guilty. There is no indication whether the employer has revoked the dismissal upon the new discovery. Therefore,