John works as a waiter in a restaurant for 5 years under a contract of employment and he is paid £500 per week.

Recently, one of his colleagues has told Jane, who is the manager and owner of the restaurant, that John has been very rude to clients and that he also allows his friends to eat at the restaurant without paying. When Mary heard the accusations, she got very angry and told John that he was being dismissed and that the dismissal would be effective immediately. She said that he should not return to work the next day.

The contract of employment is silent as to the requirement of providing notice prior to dismissal.

John is wondering whether to bring a claim against the restaurant for wrongful or unfair dismissal.

1. Explain the key differences between unfair and wrongful dismissal. 
2. If John decided to bring a claim for wrongful dismissal, please explain what type of remedies John may expect to be awarded if his claim is successful and how these remedies are assessed? 
3. Please refer to the minimum statutory notice that John would be entitled to prior to dismissal and calculate how much compensation John would be entitled to on the facts of the scenario. 
4. John is considering bringing a claim for unfair dismissal. With reference to the scenario, explain what John must initially prove in order to be eligible to bring such a claim. 
5. Irrespective of the above scenario, please identify three grounds upon which an employer may be able to justify the dismissal as being “fair” pursuant to section 98 of the Employment Rights Act 1996. 
6. Please identify and briefly explain two remedies available to an employee who has successfully brought a claim for unfair dismissal. 

Answer rating: 100% (QA)

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