1-10 of 10 Results

  • Keyword: misconduct x
Clear all

Chapter

Cover The Modern Law of Evidence

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

Cover Concentrate Questions and Answers Employment Law

4. Termination of the contract of employment  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about termination of the contract of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of termination of the employment contract including the different ways a contract may be terminated, the meaning of dismissal, the right to reasonable notice, and wrongful dismissal. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover Employment Law

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

Cover The Modern Law of Evidence

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

Cover Smith & Wood's Employment Law

7. Unfair dismissal  

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

Cover Smith & Wood's Employment Law

7. Unfair dismissal  

Ian Smith, Owen Warnock, and Gemma Mitchell

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

Cover Selwyn's Law of Employment

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.

Chapter

Cover Legal Systems & Skills

14. Writing and drafting  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on the development and improvement of writing skills by law students. It then goes on to explore why these skills are needed in practice, and how to continue to improve them at that stage. It also explains what are professional drafting skills and provides guidance for good drafting. The section about academia includes comprehensive writing guidance for law students. This includes spelling, grammar, punctuation, structure, layout, language and proofreading. The section then moves on to explaining plagiarism, honesty and academic conduct. Guidance is provided about how to OSCOLA reference, and how this differs from other styles such as Harvard. Supportive technology is discussed, including Endnote and Grammarly. The section then moves on to how to write good essays, with guidance about planning and structuring essays. Reference is made to assessment criteria, and how to meet the criteria at the highest level in an essay. The professional writing and drafting section explores how to further develop the good writing practice mastered at university. It also explores drafting and dictation skills, and how to use a precedent. Writing and drafting templates are provided, including for an email.

Chapter

Cover The Successful Law Student: An Insider's Guide to Studying Law

8. Preparing for Assessments and Assignments  

This chapter prepares a student for successful assessment by exploring important considerations and key skills for law assessments. The chapter considers the purpose of assessment and the difference between formative and summative assessments, and how to approach assessment and get the most from each opportunity accordingly. Guidance is provided on different types of assessment, including closed/open book, time-limited assessment, and in-person/online assessment. The chapter examines the importance of preparing effectively for each assessment, including revision, reflection, and understanding assessment criteria. The chapter also summarises ways in which a student can seek to raise their grade; and how to avoid the pitfalls of academic misconduct, plagiarism, and poor academic practice. Guidance is also given on coping with the pressures of assessment.

Chapter

Cover Evidence

8. Evidence of the defendant’s bad character  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. Human behaviour tends to follow patterns. Those who have previously been convicted of crime, or who can be shown to have committed other offences or to have behaved disreputably, either have a tendency to reoffend or are more likely to commit offences than those without such attributes. A defendant’s previous bad character may also reflect on credibility. This chapter discusses the following: the problem of whether or not to admit evidence of a defendant’s misconduct on other occasions; the situations in which evidence of a defendant’s bad character may become admissible in criminal cases, and the purposes for which it may be admitted. The admission of similar fact evidence in civil cases is also discussed.