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.
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Chapter
This chapter begins with a contextual and historical introduction to unfair dismissal law, which seeks to regulate arrangements pursued by employers that result in the dismissal of their employees. It covers the efficiency of unfair dismissal laws; the structure, nature, content, and shape of unfair dismissal laws; and the rationale for the introduction of the unfair dismissal laws in the UK. It then examines the statutory unfair dismissal regime contained in Part X of the Employment Rights Act 1996, and the meaning of the ‘substantive fairness’ of the dismissal. In the final section, the chapter considers the response of the courts and tribunals to the provisions on substantive fairness of dismissals.
Chapter
Employment tribunals must address three questions when faced with an unfair dismissal claim: Is the claimant entitled in law to pursue his/her claim? Was the main reason for the dismissal potentially lawful? Did the employer act reasonably in carrying out the dismissal? This chapter begins by distinguishing between three different types of dismissal claims that are brought to employment tribunals: unfair dismissal, wrongful dismissal and constructive dismissal. It goes on to discuss the first two of the three questions. It describes the four possible outcomes when a claimant wins an unfair dismissal case: reinstatement, re-engagement, compensation and a declaration that a dismissal was unfair. In practice, compensation is by far the most common outcome. The chapter then considers debates on remedies in unfair dismissal cases.
Chapter
This chapter begins with an exploration of wrongful dismissal law, which has for many decades provided employees who are dismissed in breach of their contracts with the opportunity to apply to a court for damages. In recent decades wrongful dismissal has been superseded to an extent by unfair dismissal law, which provides a more satisfactory remedy for most who are unlawfully dismissed. But there are circumstances in which the longer-established law continues to play a role, and this is the focus of the first part of the chapter. It then moves on to look at constructive dismissal law, which appears to become more significant each year as precedents are set and more people become aware of the possibilities it offers when they resign from their jobs as a direct result of suffering unacceptable treatment from their employers.
Chapter
The statutory provisions relating to unfair dismissal are found in ss 94–107 of the Employment Rights Act 1996. This chapter looks at what amounts to a dismissal and the ways in which a dismissal may take place, covering expiry of a fixed-term contract, resignation and constructive dismissal, and frustration of the contract. It also discusses the categories of employees which are not protected by the unfair dismissal provisions of ERA; the termination of the contract; fair and unfair dismissal; fair reasons for dismissal and some other substantial reason; written reasons for dismissal; and remedies for unfair dismissal such as reinstatment, re-engagement, and compensation, as well as showing how such compensation is to be calculated.
Chapter
The statutory provisions relating to unfair dismissal are found in ss 94–107 of the Employment Rights Act 1996. This chapter looks at what amounts to a dismissal and the ways in which a dismissal may take place, covering expiry of a fixed-term contract, resignation and constructive dismissal, and frustration of the contract. It also discusses the categories of employees which are not protected by the unfair dismissal provisions of ERA; the termination of the contract; fair and unfair dismissal; fair reasons for dismissal and some other substantial reason; written reasons for dismissal; and remedies for unfair dismissal such as reinstatement, re-engagement, and compensation, as well as showing how such compensation is to be calculated.
Chapter
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 which cover a mixture of topics. The questions require you to cover a range of material covered in your module. Through a mixture of problem questions and essays, students are guided through a combination of topics that may typically be examined together in an employment law question. Guidance is given on how best to approach mixed questions including the benefits of not viewing topics in isolation and how best to demonstrate the range and depth of knowledge required in a mixed topic question.
Chapter
This chapter examines the most important statutory remedy that employees may have on losing their jobs. It begins by exploring the history of unfair dismissal law. It then considers the stages to be completed for employees to make a successful claim. It explains the various reasons for a dismissal that need to be established if a claim is to be made out (or defended as the case may be). It looks at the issue of remedies as well as the effects of legislation in this area and whether it has been successful in its aims.
Chapter
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 which cover a mixture of topics. The questions require you to cover a range of material covered in your module. Through a mixture of problem questions and essays, students are guided through a combination of topics that may typically be examined together in an employment law question. Guidance is given on how best to approach mixed questions including the benefits of not viewing topics in isolation and how best to demonstrate the range and depth of knowledge required in a mixed topic question.
Chapter
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
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.
Book
Michael Jefferson
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. Employment Law Concentrate helps to consolidate knowledge in this area of law. This sixth edition includes updates on employment law including coverage of the employment status, and gender pay reporting. There are new sections on restraint of trade. Chapters examine contractual implied terms and pay. The volume also looks at discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions.
Book
Michael Jefferson
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. Employment Law Concentrate helps to consolidate knowledge in this area of law. This seventh edition includes updates on employment law, including further coverage of the employment status, written particulars, restraint of trade, and equal pay. The book includes discussion of recent cases, including Supreme Court ones, and forthcoming amendments to the law are noted where appropriate. The volume also looks at implied terms, discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally, the text looks at dismissal issues (including both wrongful and unfair dismissal), redundancy, and trade unions. The chapter on trade unions has been transferred to online-only content, available in the online resources for this book.
Book
James Marson and Katy Ferris
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.
Chapter
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 unfair dismissal. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of unfair dismissal including who is eligible to bring a claim for unfair dismissal, the potentially fair reasons to dismiss, determining whether an employer has acted reasonably, procedural fairness, and remedies. 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.
Chapter
This chapter examines several issues relevant to the primary statutory employment protection rights of unfair dismissal and redundancy. It considers the multi-stage process by which it needs to be established that a claimant: is employed; is not an employee excluded from claiming; and has a job that has been terminated in a way that, in law, amounts to dismissal, which can take a variety of forms.
Chapter
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 unfair dismissal. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of unfair dismissal including who is eligible to bring a claim for unfair dismissal, the potentially fair reasons to dismiss, determining whether an employer has acted reasonably, procedural fairness, and remedies. 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.
Chapter
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
This chapter considers the law relating to strikes and other industrial action including the important changes made by the Trade Union Act 2016. It deals with the historical development of common law and statute in this field to illuminate the current law. The relevance of the European Convention on Human Rights is considered. The tortious and criminal liabilities flowing from industrial action are considered and the crucial immunity for tortious liability provided by the ‘golden formula’ including the exceptions to this immunity and the preconditions of complying with rules on balloting and notice of industrial action. Picketing is considered in relation to the many legal liabilities and the statutory immunity for some peaceful picketing. The granting of injunctions to stop industrial action is examined. The impact of industrial action on individual employees is considered in relation to their contractual rights and liabilities and the law of unfair dismissal.
Chapter
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 wisdom and legitimacy of the ‘band of reasonable responses’ test are questioned. Particular cases—including incapability, misconduct (including the relevance of human rights protections and of online misconduct), and redundancy and reorganization—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.
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