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 Although statue has largely superseded common law, where there has not been a decided case on similar facts under the statute, the court or tribunal will look to earlier common law cases.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.
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