This chapter focuses on unfair dismissal, beginning with a consideration of the necessary procedures for a fair dismissal and the vital role of the ACAS Code of Practice. It continues by looking at the statutory definition of ‘dismissal’ and then tackles the central question of what the statute means by ‘fair’ and ‘unfair’. The meaning and limitations of the basic test here, the ‘band of reasonable responses’ test, are considered. Particular cases—including incapability, misconduct (including the relevance of human rights protections and of online misconduct), and the open-ended category of ‘some other substantial reason’—are dealt with in detail, as are automatically unfair dismissals that exist to give extra protection to certain employees. The chapter concludes with the complex law on remedies if a dismissal is unfair.
Chapter
7. Unfair dismissal
Ian Smith, Owen Warnock, and Gemma Mitchell
Chapter
5. Unfair dismissal—Reasonableness
This chapter continues the discussion begun in Chapter 4 by considering the third of the three questions employment tribunals must address when faced with an unfair dismissal claim: Did the employer act reasonably in carrying out the dismissal? If the answer is ‘yes’, then the dismissal is fair, if it is ‘no’, then it is unfair and the issue of an appropriate remedy is considered by the tribunal. The chapter explores this concept of ‘reasonableness’ in detail. It explains how it has evolved over the decades and why its interpretation by the courts remains highly controversial. In particular, it focuses on how the courts have determined what does and what does not constitute a fair dismissal on grounds of misconduct, poor performance and ill health.
Chapter
18. Evidence of character: evidence of the good character of the accused
This chapter discusses the circumstances in which, in criminal proceedings, evidence of the good character of the accused may be adduced because of its relevance either to a fact in issue or to his credibility. It addresses the following issues: Why should an accused be allowed to call evidence of his previous good character? What is meant by ‘good character?’ Linked to this, where an accused has previous convictions, in what circumstances might it be acceptable for a judge to tell a jury that they should consider the accused as a person of good character? Where an accused has no previous convictions, in what circumstances might it be acceptable for a judge to refuse to tell a jury that they should treat the accused as a person of good character? Other issues discussed include the admissibility of evidence of the good character of prosecution witnesses.
Chapter
19. Evidence of character: evidence of bad character in criminal cases
This chapter begins with an introduction to the statutory framework governing the admissibility of bad character evidence. It goes on to consider the statutory definition of ‘bad character’ and to discuss the admissibility of evidence of bad character in criminal cases under the Criminal Justice Act 2003, namely: the admissibility of the bad character of a person other than the defendant and the requirement of leave; the admissibility of evidence of the bad character of the defendant under various statutory ‘gateways’, including the gateway by which evidence may be admitted if it is relevant to an important matter in issue between the defendant and the prosecution; and safeguards including the discretion to exclude evidence of bad character and the judge’s power to stop a case where the evidence is contaminated. Procedural rules are also considered, as is the defendant’s right to challenge evidence of bad character.
Chapter
18. Evidence of character: evidence of the good character of the accused
This chapter discusses the circumstances in which, in criminal proceedings, evidence of the good character of the accused may be adduced because of its relevance either to a fact in issue or to his credibility. It addresses the following issues: Why should an accused be allowed to call evidence of his previous good character? What is meant by ‘good character?’ Linked to this, where an accused has previous convictions, in what circumstances might it be acceptable for a judge to tell a jury that they should consider the accused as a person of good character? Where an accused has no previous convictions, in what circumstances might it be acceptable for a judge to refuse to tell a jury that they should treat the accused as a person of good character? Other issues discussed include the admissibility of evidence of the good character of prosecution witnesses.
Chapter
12. Disciplinary, Dismissal, and Grievance Procedures
During the performance of the employment contract the employer may find it necessary to exercise some form of disciplinary authority over the employee, which may take one of a number of forms, ranging from informal warnings, etc, through to final warning or dismissal. There will also be occasions when the employee will wish to pursue a grievance over the way he is treated, and a suitable grievance procedure is the obvious channel to be used. This chapter discusses disciplinary procedures and grievance procedures, how to draw up such procedures and the conduct of disciplinary hearings; the right to be accompanied; disciplinary rules; and the exercise of disciplinary powers such as suspension, warnings, and other sanctions.
