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Chapter

Cover Family Law

7. Domestic Abuse  

In the past, domestic abuse and intimate partner violence were viewed as private matters, ones that rarely necessitated criminal or civil sanction. The law has changed quite considerably over time thanks to a growing recognition of the nature and consequences of domestic abuse. This chapter considers the effect and nature of domestic abuse and looks at how the law has sought to address it. The chapter starts by defining the term ‘domestic abuse’. Domestic abuse is very difficult for the law to deal with effectively for a couple of key reasons: the legal powers are piecemeal and overlapping and the police and prosecution responses have been lacking. Rates of domestic abuse remain high so there is still work to be done to protect people.

Chapter

Cover A Practical Approach to Civil Procedure

18. Requests for Further Information  

A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.

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 Employment Law in Context

16. Introduction to Unfair Dismissal and Substantive Fairness  

This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.

Chapter

Cover The Politics of the Police

5. The police role, function and effects  

Benjamin Bowling, Robert Reiner, and James Sheptycki

This chapter explores some of the political myths about police and policing by reviewing the research evidence on police practice. It considers the police role in theory and practice by focusing on three questions: what is the police role? what do the police actually do? and how well do they do it? It explores the original historical purpose of the police, the governmental authority on which it is based, the role of public opinion, why people call the police, the role and effectiveness of the police in crime control, and in broader social functions. The chapter concludes that the core function of the police is best analysed not in terms of any of their social functions but rather the special character of the means the police can bring to bear. Underlying the diversity of situations to which the police are called is the core capacity to use legitimate coercive force.

Chapter

Cover Criminology

10. Sex crime  

Terry Thomas

This chapter examines the nature of sexual offending and the forms it takes, as well as the enhanced social response being made. The discussions cover forms of sexual offending; criminal processes; civil measures for public protection; public access to the sex offender register; and mental health and sexual offending.

Chapter

Cover The Oxford Textbook on Criminology

22. Searching for the causes of crime  

This chapter addresses the causes of crime, the exploration of which has been a high priority within criminology as the main way of explaining crime and of informing responses to crime. The chapter begins by considering how criminologists understand crime and the causes of crime, comparing interpretivism with positivism as ways of exploring and thinking about crime. A central motivation for identifying causes is to validate the factors targeted through criminological responses such as sentencing, crime reduction and prevention activity, and policy. The dominance of positivist experimentation within criminology and the associated search for causes has been re-animated in the 21st century by the growing popularity of experimental criminology in the US, most notably the ‘what works’ experimental method of evaluating crime prevention programmes. The chapter then looks at contemporary challenges to the experimental ‘what works’ approach, namely realistic evaluation, the theory of change model, and chaos theory.

Chapter

Cover Employment Law

31. Preparing and presenting a case  

This chapter provides practical guidance to aid in the preparation and presentation of a case before an employment tribunal. Although it is primarily written from the point of view of the advocate at such a hearing, the material is also relevant to advisors, witnesses and the parties to a case. The text guides the parties to a tribunal case through the whole tribunal procedure from the very beginning. It covers fact management, understanding the law, starting the process—filling in claim and response forms, preparing a schedule of loss, negotiating a settlement, drafting witness statements, disclosure, preparing bundles and advocacy.