‘The law of unfair dismissal was introduced to provide protection for workers. However, in the twenty-first century it has become a valuable tool for employers in the management of discipline at the workplace.’

Discuss.

• You should mention that the unfair dismissal law has been in force since 1972 and is superimposed on the common law.
• You should point out that there are exclusions and qualifications applicable to the law of unfair dismissal. Normally, only employees with at least two years continuous service can bring a claim and this must be brought within three months of the effective date of termination.
• You should state that there are some automatically unfair reasons for dismissal and some potentially fair ones.
• You should record that ‘some other substantial reason’ can be used where an employee refuses to agree to contractual changes and that case law under s 98(4) ERA requires an employee to show that no reasonable employer would have dismissed in the circumstances.
• You should comment that re-employment is rarely awarded and that compensation is normally capped.
• You should note that the imposition of fees for cases heard in employment tribunals has had a negative effect on claims, the parties are likely to have unequal resources in the litigation process and that employees are less likely to have legal representation.
• For more examination material you should read Questions and Answers Employment Law 2018, published by Oxford University Press.