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
25. The contract of employment
This chapter examines the issues concerning contracts of employment. It begins by looking at how employment law disputes are resolved, namely by discussing the role of employment tribunals and the Employment Appeal Tribunal, and how they fit into the courts structure discussed in Chapter 2. The chapter than discusses the difference between employees and independent contractors, and looks at the status of several special classes of worker. An examination of the terms of the contract then takes place, including a discussion of express terms, and the terms that are implied that relate to the conduct of the employer and employee.
Chapter
28. The termination of employment
This chapter examines the procedures and the obligations of employers in relation to the termination of employment. It discusses the concept of dismissal and the different types of dismissal. These include termination upon notice, termination upon expiry of a limited-term contract, summary dismissal, constructive dismissal, wrongful dismissal, and unfair dismissal. Each of these forms of dismissal is discussed in detail, including an examination of the requirements for establishing dismissal and the damages that can be awarded for dismissal in breach of the law. Finally, the chapter discusses when a worker is entitled to receive redundancy pay and how such pay is assessed.
