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The law governing the issues identified is found in common law and statute with guidance also given by relevant codes of practice The main statute is the Employment Rights Act 1996 Although statue has largely superseded common law where there has not been a decided case on similar facts under the statute the court or tribunal will look to earlier common law cases Non-statutory materials such as Codes of Practice and handbooks issued by competent authorities such as the Advisory Conciliation and Arbitration Service ACAS although not strictly relating to an action of wrongful dismissal may also be considered as they offer best practice guidelines for employers I will be discussing whether Leon Neil and Oliver can claim unfair dismissal Where an unfair dismissal claim is successful the key remedies are either reinstatement to the former employment or financial compensation The circumstances of the particular case are taken into account in determining the most appropriate remedy For example if relations between the parties have deteriorated beyond repair financial compensation would most likely be awarded There are a number of commonly accepted duties that both employer and employee must adhere to These include a duty to obey reasonable instructions Ottoman Bank Ltd v Chakarian 1930 Pepper v Webb 1969 Wilson v Racher 1974 A breach of any of the duties either by the employee or the employer is seen as a breach of the contract Today reasonable notice would be the same as that required by statue except in exceptional circumstances It is evident that Leon has breached his duty not to follow the notice written however it wouldnt regard this incident as exceptional grounds to dismiss upon Furthermore it is also evident that Neil was unfairly dismissed however he was in breach of contract for claiming overtime he was not entitled A fundamental breach of terms by either party at common law or statute may release the parties to the contract and
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