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employment law

Extracts from this document...

Introduction

Written Statement of Terms Section 1 of the Employment Rights Act 1996 requires the employer to give the employee a written statement of employment. The employment contracts depend on a mixture of verbal and written evidence and failing that the court or tribunal may be willing to infer agreement on certain points. An employee must be given, within two months of starting work, a written statement which contains: * the names of the employer and the employee; * the date when the employment began; * the date on which continuous employment began (taking into account any employment with a previous employer which counts towards that period). Section 1 (4) requires that certain particulars of the terms of employment must be stated. These particulars are the rate of pay; the intervals at which it is paid; terms and conditions relating to holidays including public holiday with sufficient information to enable the entitlement to be paid precisely; the title of the job which the employee is employed to do; the place of work; the length of notice which the employee is obliged to give and entitled to receive to determine the contract. If there is a change in the terms of the contract which ought to be included in the statement then a revised written contract must be provided by the employer within one month. Although it does not mean that the employer can not change the terms of the contract whenever he wishes, but in law he should only change the terms of the written contract when he and the employee both agree on it. The Employment Right Act section 4 (1) states: 'If after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall give to the employee a written statement containing particulars of the change.' ...read more.

Middle

Compensation is made of two elements: a basic award and a compensatory award. Where a dismissal is related to automatically unfair reasons, a special award is payable. The basic award is calculated by a fixed mathematical formula: Years of service x Week's pay x Multiplier (1/2, 1 or 1 1/2). The compensatory award is to compensate for the loss caused by the dismissal and guidelines were laid down in Norton Tool Co Ltd v. Tewson. The award can be provided to cover the loss up to the date of the tribunal hearing, loss of pension rights, loss of benefits such as the use of company's facilities, in this case Gillian has lost the use of the hotel's gymnasium and swimming pool and any future loss for a period to be considered, during which the employee may expect to remain out of employment as a result of dismissal. The tribunal considers just and equitable in all the circumstances having regard to the loss caused to her by the unfair dismissal in so far as the loss is attributable to action taken by the employer. Deductions can be made from the award in respect of sums paid by the employer, income from a new job, social security benefits, redundancy compensation. The order of deductions was determined in Heggie v. Uniroyal Englebert Tyre Ltd. The compensatory award may be reduced if Gillian does not take reasonable steps to mitigate her loss by making a reasonable effort to find suitable new employment. Her personal circumstances will have an effect on how easy it will be for her to find new work, for instance her age or state of health may be a factor. The state of the job market will also be taken into account when determine what Gillian should be able to achieve in terms of new employment. The burden of proof will be on her employer to show that she has failed to mitigate her loss. ...read more.

Conclusion

Compensation - This may be awarded for: * actual losses such as expenses and wages * future losses of wages and benefits * injury to feelings. Recommendation - The tribunal can make a recommendation for specific action but the scope of tribunal's action is rather weak in ordering an employer to discontinue a discriminatory practice. If the respondent fails to comply with the recommendation, the tribunal can increase any compensation previously awarded, or, if previously the tribunal did not award compensation, then it may do so. But however, the Court of Appeal in Irvine v. Prestcold Ltd ruled that the tribunal does have the power to make recommendations for the taking of action, it does not include the power to make recommendation that the employer increase the complainant's wages. ------------------------------------------------------------------------------------------------------- Table of Cases Price v. Service Commission (1978) 1 WLR 1417. Glasgow City Council v. Marshall (2000) 1 WLR 333. Strathclyde Regional Council v. Wallace (1998) 1 WLR 259. Bromley and Others v. H. J. Quick Ltd (1988) IRLR 249. Pickstone v. Freeman plc (1988) IRLR 357. Hayward v. Cammell Laird Shipbuilders Ltd (1988) IRLR 257. Levez v. T H Jennings (Harlow Pool) Ltd (No2) (1999) IRLR 764. Coleman v. Skyrail Oceanic Ltd (1981) IRLR 398. Kells v. Pilkington plc (2002) IRLR 693. Sapp v. Shaftesbury Society (1982) IRLR 326, CA. British Leyland (UK) Ltd v. Swift (1981) IRLR 91. Iceland Frozen Foods v. Jones (1983) ICR 17. Bessenden Properties Ltd v. Corness (1977) ICR 821. Morgan v. West Glamorgan CC (1995) IRLR 68. Discount Tobacco & Confectionery Ltd v. Williamson (1993) IRLR 327. Fairfield v. Skinner (1993) IRLR 4. Norton Tool Co Ltd v. Tewson (1973) IRLR 183. Heggie v. Uniroyal Englebert TYre Ltd (1999) IRLR 802. Carmichael and Leese v. National power plc (1999) IRLR 43. Grant v. South West Trains (1998) IRLR 188, ECJ. Macdonald v. Advocate General for Scotland and Pearce v. Governing Body of Mayfair School (2003) IRLR 512, HL. Shamoon v. Chief Constable of Royal Ulster Constabulary (2003) IRLR 285. Baker v. Cornwall County Council (1990) IRLR 194. Irvine v. Prestcold Ltd (1981) IRLR 281. ...read more.

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