After studying the case, it is clear that Liam was unfairly dismissed. The fact that the employer gave Liam a “Written Statement of Particulars” regarding his role in the organization, means that he is considered as an employee of Last Resort Accounting. The statement of particulars included the names of both the employer and employee, as well as what is expected of him. However, the complicating matter is that the statement of particulars that was given to Liam was incomplete.
That in itself is a violation of employee rights. As an employee, Liam was entitled to be give a statement of particulars that contain the following:
1. the names of the employer and employee
2. the date when the employment began
3. the date on which the employee’s period of continuous employment began
4. the scale or rate of remuneration or the method of calculating remuneration
5. the intervals at which remuneration is paid
6. any terms and conditions relating to hours of work
7. any terms and conditions relating to:
· Entitlement to holidays
· Incapacity to work due to sickness etc.
· Pension and pension schemes,
8. the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment
9. the title of the job which the employee is employed to do or a brief description of the work for which he is employed
10. where the employment is not intended to be permanent, the period for which it is expected to continue
11. place of work
12. collective agreements
The above mentioned particulars where not clearly indicated in the statement of particulars. Although the fact that there was not a formal statement of particulars given to Liam, the mere fact that he was on a continuous employment more than 1 years under Last Resort Accounting entitles him to the right to fair dismissal.
In general any employee below retiring age has the right to make a complaint of unfair dismissal to an employment tribunal provided that he or she has worked for that employer for at least one year, including any statutory period of notice. An employee’s period of employment is presumed to have been continuous unless there is evidence to the contrary. In most cases there will be no doubt as to whether or not an employee has worked for long enough to gain the right to complain of unfair dismissal. If an employee is doubtful that his or her employment has been continuous, and further information is needed on what is and what is not continuous employment he or she should seek legal advice.
Credit:ivythesis.typepad.com
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