Employment Law Master Case Study Example | Topics and Well Written Essays - 1750 words

Employment Law Master - Case Study Example In fact, gross misconduct which may merit instant dismissal requires acts such as failure to comply with reasonable and lawful instructions, theft, sale or consumption of alcohol, physical assault, breach of duty of confidentiality, sexual or racial harassment, fighting, willful damage to an employers property, or attending work under the influence of prohibited drugs. The mentioned acts may not be exclusive but it has always been lawful that a proper investigation must be conducted of which the employees may also appeal. Parveen and Joshua may take into consideration previous similar instances when an accident occurred due to failure of employees to follow procedure as that of another employee Jake in November 2003 where Jakes failure caused explosion and injury of other employees. Jake was warned twice prior to dismissal. Other cases were also noted by Praveen, and she may state these in her appeal. As provided for by the United Kingdom Employment Act of 2002, a worker is dismissed or had an employment end with or without notice. This may be applicable when a fixed-term contract was not renewed or when an employer forced the worker to retire. In the case of Parveen and Joshua, appears to have been victims of unfair dismissal as both employees still want to return to their jobs and that dismissal was not due to expiration or non-renewal of their contract. Parveen and Joshua may both push for unfair dismissal due to the consequences brought forth by the accident of which they were involved. In this matter, the employer has to prove that due process has been undertaken prior to dismissal of both employees. There are two ways to show that a dismissal was not unfair, of which the employer must have a valid reason for dismissing an employee or that they have acted reasonably in the circumstances in that an adequate investigation must have been conducted prior to dismissal. The employer was required to have taken the statutory minimum disciplinary procedure required by law in order to dismiss the employees legally. The employer could have sent a written notice to both employees stating the ground or conduct that led them to disciplinary action. It also may contain the reason why the employer has the ground to discipline Praveen and Joshua. In matters where the reason may be of weight, the employer could have suspended both Parveen and Joshua prior to dismissal