1. Identify the different remedies and protections for workers that are available through actions of unfair and wrongful dismissal. Use reference to case law for examples 2. (a) Define breach of contract and what the available remedies are. (b) Distinguish between valid, void and voidable contracts.

Remedies and protections for workers in cases of unfair and wrongful dismissal include:

• Reinstatement: The employee is given back their job. This is often seen in cases like Polkey v AE Dayton Services Ltd (1987) where the court ruled that the dismissal was unfair due to procedural impropriety.

• Compensation: The employee is awarded monetary damages. In the case of Vento v Chief Constable of West Yorkshire Police (No 2) (2002), the court established bands of compensation for injury to feelings in unfair dismissal cases.

• Recommendation: The tribunal can recommend that the employer takes steps to eliminate or reduce the adverse effect of the dismissal. However, this is rarely used.

(a) Breach of contract is when one party fails to fulfill any of its contractual obligations. Remedies include:

• Damages: The most common remedy, it involves payment in one form or another, made by the breaching party to the non-breaching party. For example, in Hadley v Baxendale (1854), the court established the principle that damages should put the claimant in the position they would have been in if the contract had been performed.

• Specific Performance: The court orders the breaching party to perform their contractual obligations. However, this remedy is discretionary and not often used.

• Rescission: The contract is cancelled and both parties are put back into the position they were in before the contract was made.

(b) Valid, void, and voidable contracts:

• Valid Contract: A contract that meets all the legal requirements. For example, it has an offer, acceptance, consideration, and intention to create legal relations.

• Void Contract: A contract that is not legally enforceable from the outset due to lack of any essential element of a contract or illegality. For example, a contract for an illegal act is void.

• Voidable Contract: A contract that is legally valid but may be annulled by one party. For example, a contract entered into under duress or undue influence is voidable at the option of the party who was subject to the duress or undue influence.