1-4 of 4 Results

  • Keyword: employee compensation x
Clear all

Chapter

Cover Employment Law

25. Health and safety—The civil law  

This chapter looks at the civil law arm of health and safety law, which serves to provide compensation to employees or ex-employees who have suffered a detriment due to the unlawful actions of their employers. It focuses on personal injury claims brought to the County Court and High Court and the defences that are available for employers when faced with such litigation. The discussions cover claims due to negligence, breach of statutory duty, breach of contract and constructive dismissal, and stress-based claims.

Chapter

Cover Intellectual Property Law

16. Ownership of patents  

This chapter assesses the ownership of patents. Teams of researchers often work together towards a common goal. This means that there are sometimes disputes about who actually invented the product or process covered by a patent. Resolving these disputes is of significance because under patent law the owner possesses the right to grant licences to make use of the patented invention in exchange for a fee or royalties, and the right to sue for infringement. Before deciding who is entitled to the ownership of an invention it is first necessary to examine what is meant in law by the word ‘inventor’. Having examined the criteria used by the courts to identify an inventor, one must now consider the special statutory rules concerning employee–inventors. Once it has been decided who owns an invention, there is a scheme of compensation for employee–inventors.

Chapter

Cover Employment Law

4. Unfair dismissal—reasons and remedies  

Employment tribunals must address three questions when faced with an unfair dismissal claim: Is the claimant entitled in law to pursue his/her claim? Was the main reason for the dismissal potentially lawful? Did the employer act reasonably in carrying out the dismissal? This chapter begins by distinguishing between three different types of dismissal claims that are brought to employment tribunals: unfair dismissal, wrongful dismissal and constructive dismissal. It goes on to discuss the first two of the three questions. It describes the four possible outcomes when a claimant wins an unfair dismissal case: reinstatement, re-engagement, compensation and a declaration that a dismissal was unfair. In practice, compensation is by far the most common outcome. The chapter then considers debates on remedies in unfair dismissal cases.

Chapter

Cover Employment Law

6. Redundancy  

This chapter discusses redundancy law in the UK. Redundancy, which generally occurs when an employer reduces its workforce for economic reasons, is a common form of ‘potentially fair’ dismissal. There are three lawful ways in which selection for redundancy can be achieved: last-in-first-out, points-based approaches and employee selection processes. Redundancy payments must be equal to the statutory minimum and are often higher due to additional contractual arrangements which are more generous. Notice periods must also be honoured. UK redundancy law is often criticised because it is less procedurally cumbersome and requires employers to compensate less than is the case in other larger EU countries. This suggests that multi-national corporations dismiss their UK employees before counterparts elsewhere in Europe.