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Cover Card & James' Business Law

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.

Chapter

Cover Business Law

21. Statutory Regulation of Dismissals  

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

Cover Business Law

20. Ending Employment Contracts at Common Law; and Duties to Redundant and Transferring Staff  

This chapter identifies the remedy for the termination of contracts of employment through the common law claim of wrongful dismissal. It addresses situations of redundancy, and the rights of individuals and obligations on employers when the business is transferred to a new owner. Each of these measures offer protection to employees, and employers should understand the nature of these rights, the qualifications necessary for each mechanism, and the remedies available, to ensure they select the most appropriate mechanism to bring the employment relationship to an end. Before the 1960s, contracts of employment were largely dealt with by the ‘normal’ rules of contract law and were often heard by courts that hear contractual disputes. It is important to be aware of the mechanisms that will enable termination of the employment relationship without transgressing the law in order to maintain good working relations.

Book

Cover Business Law Concentrate
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. Business Law Concentrate considers all the essential issues relating to business law in the English legal system, including EU law and the potential implications of Brexit. The first half of the book looks at contracts in terms of mistake, misrepresentation, duress, undue influence, contractual terms, consumer protection, and remedies for breach. The next few chapters examine employment and focus on issues including wrongful dismissal, unfair dismissal, redundancy, equal pay claims, and anti-discrimination. The last part considers company law, intellectual property law, and changes to data protection. This updated edition includes important cases in contract law and torts law, employment law, and intellectual property law, including cases from the Supreme Court, The Court of Justice of the European Union, and the Employment Appeal Tribunal. Recent legislation and its effects in these jurisdictions of law are also covered in detail.