There are two key questions to answer to establish if an executive has the right to bring a claim for breach of employment legislation: 1) Does the individual have rights under British legislation? 2) Can she enforce the rights in an Employment Tribunal?
This is not as simple as it sounds. Whether the Employment Tribunal has jurisdiction to hear a claim depends on the statute in question and whether the right comes from English or European Union (EU) law. The following sections cover the position on some of the key claims within Great Britain.
Unfair Dismissal Claims in Great Britain
Unfair dismissal law generally provides that in order to dismiss an employee fairly, an employer must have a potentially fair reason to dismiss and provided they do, the dismissal must still be fair in the circumstances of the case. Potentially fair reasons to dismiss include redundancy, capability and conduct.