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Chapter

Cover Selwyn's Law of Employment

15. Rights in Notice  

One of the features which distinguish a contract of employment from other contractual situations is that a contract of employment is one of continuous obligation with, generally speaking, no specified time for its ending. If either the employer or employee wishes to terminate the contract, notice of such termination must be given. This chapter explores the rights and duties of both the parties to give and receive lawful notice in the event of a termination, ie if there is a dismissal or resignation. It also considers the taxation of payments, pay in lieu of notice, rights during the notice period, ‘garden leave’, notice pay on insolvency, and time limits.

Chapter

Cover Selwyn's Law of Employment

11. Health and Safety at Work  

This chapter considers the provisions of the Health and Safety at Work, etc Act 1974. It covers the background to the HASAWA, covering both the criminal and civil liability for health and safety. It considers the powers of inspectors, enforcement of the Act, improvement notices and prohibition notices, the burden of proof and appeals; statutory duties on health, safety, and welfare; the impact of European law; burden of proof; the Corporate Manslaughter and Corporate Homicide Act 2007; and compensation for injuries at work. It also looks at a number of health and safety regulations, including the ‘six pack’. Also looked at is the extent of the employer’s duty, and its duty to unborn children, and the limitation period for bringing an action and risk assessments and employers’ duties in relation to Coronavirus.

Chapter

Cover Smith & Wood's Employment Law

6. Termination of the employment contract at common law  

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal despite an unfortunate tendency for the press to treat them as interchangeable.

Chapter

Cover Smith & Wood's Employment Law

6. Termination of the employment contract at common law  

Ian Smith, Owen Warnock, and Gemma Mitchell

This chapter looks at termination of employment at common law, and at the breach of employment contract action known as ‘wrongful dismissal’. It first discusses ways in which the contract might untypically end by operation of law rather than the ‘dismissal’ on which many employee rights rest. The chapter then considers the right of either party to terminate most contracts by giving notice—a major feature of UK employment law—and the ability of the employer to dismiss summarily for gross misconduct. It concludes with a detailed analysis of the principal remedy for an employee at common law—the action for wrongful dismissal—which is completely separate and different from statutory unfair dismissal, despite an unfortunate tendency for the press to treat them as interchangeable.

Chapter

Cover Employment Law in Context

15. Wrongful Dismissal  

This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.

Chapter

Cover Concentrate Questions and Answers Employment Law

12. Trade unions and industrial action  

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 trade unions and industrial action. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of trade unions and industrial action including the nature and role of trade unions, membership rules, balloting and notice requirements for industrial action, picketing, and tort liability. 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.