Every employee has the right not to be unfairly dismissed by his employer

Every employee has the right not to be unfairly dismissed by his employer. However, the law of unfair dismissal, both in its design and its interpretation by the judges, fails to provide adequate protection for employees from being unfairly dismissed.

Every employee has the right not to be unfairly dismissed by his employer
Assessment Task

Every employee has the right not to be unfairly dismissed by his employer. However, the law of unfair dismissal, both in its design and its interpretation by the judges, fails to provide adequate protection for employees from being unfairly dismissed. Urgent and complete reform is required to protect the rights of employees in the workplace.

Critically discuss the right against unfair dismissal in relation to the above statement.

More details;

Right not to be unfairly dismissed
Who Has the Right?

Generally speaking, an employee who works wholly or mainly in Guernsey and who has been continuously employed for at least one year has the right under Guernsey law not to be unfairly dismissed.

There are exceptions to the one year service requirement where dismissal was for an inadmissible reason. These include dismissal on the grounds of pregnancy, sex or marital status, health and safety, trades union related dismissals, assertion of statutory rights and also redundancy for an inadmissible reason.

Complaints of unfair dismissal are heard by the Guernsey Employment and Discrimination Tribunal.

What Constitutes a Dismissal?

There are three ways in which a dismissal may take place:

Firstly, where the contract of employment is terminated by the employer with or without notice

Secondly, where a fixed term contract expires without being renewed

Further, where the employee is forced to resign with or without notice by reason of the employer’s conduct

It is for the employee who presents a complaint of unfair dismissal to the Tribunal to prove that they were dismissed.

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