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Smith & Wood's Employment Law

Smith & Wood's Employment Law (14th edn)

Ian Smith, Aaron Baker, and Owen Warnock
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date: 25 September 2022

p. 4717. Unfair dismissallocked

p. 4717. Unfair dismissallocked

  • Ian Smith, Ian Smithof Gray’s Inn, Barrister, Emeritus Professor of Employment Law at the University of East Anglia, General editor of Harvey on Industrial Relations and Employment Law
  • Aaron BakerAaron BakerAssociate Professor (Reader) in Law at Durham University
  •  and Owen WarnockOwen WarnockFormer Partner, Eversheds Sutherland, Solicitors, Emeritus Professor of Employment Law, University of East Anglia, An editor of Harvey on Industrial Relations and Employment Law

Abstract

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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