Employment Law Essay Example | Topics and Well Written Essays - 1500 words

Employment Law - Essay Example The company should complete the ET3 form so that they can be able to defend the claimant’s claim of unfair dismissal then present it to the employment tribunal within 28days from the time it received the claimants form. The Employment tribunal is mandated to listen to cases that arise in employment, concerning the employer or the employees over their employment rights. If the company does not present its ET3 form to the employment tribunal default judgment is likely to be entered against them, which will then preclude the company from taking part in the proceedings. If the respondent presents their ET3 form to the tribunal, the tribunal has the power to order for disclosure of all the relevant materials pertaining to the case. The employment rights are enumerated under the employment rights act. The act provides under section 36 that an agreement will be deemed to be terminated upon the last day of the period that is agreed upon. The company gave Jack a notice of termination o f his employment and therefore by virtue of the notice his employment was terminated upon the lapse of the period given for termination. ... When it comes to poor performance and misconduct the employment rights act stipulates under sections 38(2) and (3) that an employer shall only terminate the employee’s contract of employment if there is no other cause of action that can be taken. Further, the act states that, when there is a charge made against the employee for misconduct or poor performance the employee should be given the chance to respond to such a charge. It is after the employee has responded to such a charge that the employer can then effect his termination. Gross misconduct is whereby the employee conducts himself so badly that his behaviour ruins the relationship between him and his employer that leads to immediate dismissal. In the above case, the company did not give the employee an opportunity to reply to a charge of misconduct or poor performance. The company raised the allegations of his misconduct and poor performance after his contract had already been terminated. We see that it is only after th e termination of Jack’s contract that the employer became aware of the fact that he had a drinking problem and discovered the empty bottles of alcohol in his desk. Apart from Jack coming to work in an unacceptable condition, all the reasons were brought up after the employee had left the premises of the company that proves that he was not given a chance to respond to any charge that was brought against him and he was neither given a reason for his termination. The company acted wisely in giving the employee a notice of termination instead of instant termination. The tribunal considers instant termination seriously; it looks to see if the employer’s reasons for termination were reasonable and if it was fair considering the circumstances of the case. This will mean