1-5 of 5 Results  for:

  • Keyword: misconduct x
Clear all

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 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 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.