This chapter considers the termination of employment, and how it is governed by statutory measures—in cases of unfair dismissal—and the common law—in cases of wrongful dismissal. Each of these provisions outline important factors when the contract is to be ended. Being aware of the procedures involved in each of these areas of law will ensure terminations can take effect without unnecessary recourse to court or tribunal action, saving time and money. In dismissing an employee, the law provides for the correct procedure to be adopted, the potentially fair reasons that justify a dismissal, along with automatically unfair reasons to dismiss an employee. Disregarding these may lead to claims for unfair dismissal, the defence of which can be expensive for employers.
Chapter
21. Statutory Regulation of Dismissals
Chapter
10. Company law II: directors, finance, and capital
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law governing company directors and shareholders. The common law duties on directors have been codified and expanded through the Companies Act (CA) 2006. Directors are responsible to the company itself, not to individual shareholders. Minority protection (of shareholders) is provided through the CA 2006 to restrict directors’ acts that may unfairly disadvantage them. Public companies must have a company secretary and they must satisfy statutory requirements in relation to their qualifications. Shareholders have no automatic right of management in the company although, through attendance and the rights to vote at shareholder meetings, they may have influence over the business conducted.
Chapter
7. Employment I: employment status, equal pay, and equality
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the employment contract, employment status, equal pay, and equality. Individuals may be engaged as workers, but their employment status will most commonly be as an employee or independent contractor. Employment status is significant in relation to the rights and obligations each type of contract has for the individual and employer. Given the lack of an adequate statutory definition, the common law has developed tests to identify employment status. Employment contracts contain express and implied terms. Employees and people employed personally to perform work under a contract are protected against various forms of discrimination and enjoy enforceable rights to equality at work.
Chapter
8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.
Chapter
1. The Nature of English Law
This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament; common law; and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.
Chapter
9. Unfair terms
This chapter examines unfair terms and exclusion clauses in a contract. It explains that exclusion and limitation clauses can be used by the parties to exclude or limit their liability and that they are regulated by statute and common law. It highlights the fact that an exclusion clause can only be effective if it is incorporated into a contract and if it was brought to the other party’s attention prior to the contract being formed. This chapter also discusses the relevant provisions of the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, and ongoing efforts to clarify the law in this area.
