The Law Essay Example | Topics and Well Written Essays - 1500 words

The Law - Essay Example When Arthur is discharged from hospital he discovers that the landlord of his flat, which he was occupying before the accident, has let the flat to another tenant. Arthur applies to the Local Authority for alternative accommodation but is told that he fails to come within the statutory definition of homlessness. In the above there are several issues that need to be discussed on order to be able to discuss the legal actions that might result from the scenario. The issues that require examination are unfair dismissal with regard to the dismissal from work and dangerous driving on the part of Barry. With regard to the injuries of Arthur caused in the accident there needs to be a discussion on the chain of causation to determine whether Barry should be held liable for the suffering caused or whether Arthur has a claim against the doctor for the negligent treatment. In respect of the flat there needs to be a discussion on breach of contract and unlawful eviction as the landlord has let the flat to someone else in breach of the tenancy agreement. In respect of the homelessness there needs to be an examination of the Housing Act 1996 to determine why Arthur is not regarded as legally homeless. Unfair dismissal as is suggested is when an employer dismisses an employee without good reason. In some instances unfair dismissal can be regarded as automatically unfair. This might be the case in situations where the employer has not followed a proper dismissal procedure before dismissing the employee1. In some claims for unfair dismissal the employee has to have worked for the employer for at least a year whereas in other case the year rule does not apply. In recent times the law has been changed by placing statutory requirements on the employer before the employee can be dismissed. Previous legislation used to regard the employee more as a servant to the employer than a contributing member of the workforce2. Section 94 of the Employment Rights Act