Case Study: Strawberry Hill US

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I will be advising Suzi Chung on any potential claim Roy might have against the football club Strawberry Hill United with regards termination of employment, if the club were to proceed with Bobbie Van’s instructions. There are three types of way to terminate an employment contract at common law; it can either be done with notice, summary dismissal or via resignation. This governed by s95 of the Employment Rights Act 1996 (‘ERA’).
A summary dismissal can be lawful but in some instances a dismissal can be given without notice. A dismissal with notice is governed by s86 ERA 96 which provides statutory minimum notice periods. The statutory minimum notice to be given to an employer is one week’s notice after one month’s continuous employment. If a dismissal is given without notice it will amount to a wrongful dismissal. A wrongful …show more content…
With regards a permanent employee damages start with salary and benefits he or she would have received during the notice period. In this instance it would be the one month period in which notice was required to dismiss Roy. The employer might not have to pay him or her damages for wrongful dismissal if the employee has committed an act or gross misconduct. The employer can on facts discovered after the dismissal. The club will therefore not be liable if it is found that Roy had committed an act of gross misconduct. If the club were to terminate the employment of Roy it is down to Roy to mitigate his losses. Roy would not be successful in a claim against the club if does not attempt to obtain suitable alternative employment. If Roy were to bring a claim for wrongful dismissal against the club he would have to do it within 6 years to be heard in the County or High Court. He could so seek to make a claim through an Employment Tribunal if his claim is £25,000 or less. This claim would have to be made within 3 months of the effective date of
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