7. Unfair Dismissal

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Central Question ◽  
Code Of Practice ◽  
Unfair Dismissal ◽  
Definition Of

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.

7. Unfair dismissal

2019 ◽  
pp. 471-557
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Central Question ◽  
Code Of Practice ◽  
Unfair Dismissal ◽  
Definition Of

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.

7. Unfair dismissal

2019 ◽  
pp. 483-568
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Central Question ◽  
Code Of Practice ◽  
Unfair Dismissal ◽  
Definition Of ◽  
Basic Test

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.

scholarly journals Participation and the role of Public Space

2008 ◽  
Vol 2 ◽  
Author(s):  
Anna Gabriel Copeland
Keyword(s):  
Human Rights ◽  
Young People ◽  
Public Space ◽  
Legal System ◽  
Children And Young People ◽  
Civic Society ◽  
Broad Definition ◽  
The Many ◽  
Definition Of

This article examines participatory rights as human rights and considers their importance to the lives of children and young people. It argues that a broad definition of participation needs to be used which takes us from 'round tables' to understanding that young people participate in many different ways. It points out that failure to recognise and respect the many varied ways that children and young people choose to participate results in a breach of their human rights. It shows how our socio-legal system operates to permit and support these breaches of the rights of children and young people, resulting in their alienation from civic society.

POVERTY AND HUMAN RIGHTS: THE ROLE OF SOCIAL SECURITY AND ESPECIALLY CHILD BENEFIT

2006 ◽  
Vol 40 (01n02) ◽  
pp. 3-32 ◽  
Author(s):  
PETER TOWNSEND
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Vital Role ◽  
Present Form ◽  
War On Poverty ◽  
Investment Fund ◽  
Development Goal ◽  
World Poverty ◽  
First Millennium

Poverty has been reduced by too little, or not at all, in recent years. A fifth, perhaps a quarter, of the world's population are living in extreme poverty. The measurement of the phenomenon, and especially of annual trends in the rates and severity of poverty, is not acceptably precise, consistent, and generally agreed. Nor is policy being analyzed and justified in precise correlation with such trend reports as have been published. The first Millennium Development Goal — to halve world poverty by 2015 — has become an unlikely prospect. The reasons lie in the present form of the globalization of the market, together with continuing preference shown to neo-liberal economic and social policies. If poverty is to be systematically reduced, the orthodoxies of definition, measurement, explanation and resolution, which as key elements of the problem necessarily reinforce each other, have to be re-examined and re-formulated quickly. In re-examining approaches to measurement and policy the new human rights instruments, endorsed by a majority and in some cases by an overwhelming majority of governments, must play a vital role. Their potentialities are considerable for the measurement of poverty, deprivation, exclusion and development. But, crucially, they can help to engineer an international, as well as scientific, consensus in the war on poverty. One priority illustration would be a UN Child Investment Fund to finance the universal right of children to social security.

Psychiatric commitment: over 50 years of case law from the European Court of Human Rights

2006 ◽  
Vol 21 (7) ◽  
pp. 427-435 ◽  
Author(s):  
G. Niveau ◽  
J. Materi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Time Frame ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Right To Information ◽  
Definition Of ◽  
Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

scholarly journals Beyond the Binary: Rethinking Gender Neutrality in Indian Rape Law

2016 ◽  
Vol 11 (2) ◽  
pp. 367-397
Author(s):  
Harshad PATHAK
Keyword(s):  
Human Rights ◽  
Rape Law ◽  
The Common ◽  
Definition Of ◽  
Human Rights Based Approach ◽  
Gender Neutrality ◽  
Gender Specific ◽  
Indian Penal Code

AbstractDespite expanding the definition of rape under the Indian Penal Code to include non-penile-vaginal acts of penetration, the said definition continues to conform to a gender-specific notion of rape, based on a predetermined characterization of the victim-perpetrator framework on the basis of their genders. Herein, I will critique this idea of gender specificity in Indian rape law on the grounds that it reinforces a binary notion of gender, and results in gross underinclusion. Instead, it is more appropriate to adopt a human-rights-based approach in defining the offence of rape, and negate the role of gender in identifying the victims and perpetrators of an act of rape. The argument is pillared on a state’s obligation to not discriminate on the basis of sex, the recognition of transgender rights, and an assessment of the common grounds for opposing gender neutrality in Indian rape law.

scholarly journals A CHALLENGING ROLE OF INDIAN JUDICIARY AT CYBER SPACE TO CURB CYBER CRIME AGAINST WOMEN

2021 ◽  
Vol 4 (2) ◽  
pp. 41-49
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Cyber Crime ◽  
Digital Revolution ◽  
Patriarchal Society ◽  
The World ◽  
Cyber Space ◽  
The Law ◽  
Women In India

The world has entered into a new millennium, but from the dawn of civilization till date, the woman of the patriarchal society of India continues to be oppressed and ill-treated.2 Crime against women have been increasing in all fields. In the era of digital revolution women are not safe at cyber space. In India cybercrime against women have been rapidly increasing in spite of special legislations to protecting women netizen. Judiciary played a vital role in the implementation of the law and its constitutional role to protecting the human rights as per the legislation. The most important duty of the court is to protect human rights, and to give relief to the victim.3The main object of this paper is to analyse the role of Judiciary at cyber space to curb the cybercrime against women in India. This paper is commence with cyber crime’s definition and brief view about that. It also focus on kinds of cybercrime against women in India and brief view on cyber legislation.

scholarly journals "in dem moment wo ich es dann erkenne dann ist es auch gleich wieder weg" – Salienzeffekte in der Sprachperzeption

2014 ◽  
Vol 66 (4) ◽  
Author(s):  
Christina Ada Anders ◽  
Nicole Palliwoda ◽  
Saskia Schröder
Keyword(s):  
German Language ◽  
Central Question ◽  
Linguistic Features ◽  
Response Test ◽  
Stimulus Response ◽  
Perceptual Dialectology ◽  
Language Area ◽  
Salient Features ◽  
Definition Of

In context of the first study on folk linguistic concepts in the German language area carried out by the Kiel DFG research project "perceptual dialectology", this article looks at how salient features could be surveyed and categorized by a stimulus-response-test. After a definition of salience, the study design including the stimulus-response-test is presented. The test was created and modified during the project as a guessing game by the Institute for German Language (IDS Mannheim). The central question in this article is which linguistic features stimulate the informants to locate a speech sample on a map with predetermined cities and hence which salient features trigger the regional identification. In a second step, the speech samples are analyzed by the variables 'pleasantness' and 'correctness' defined by Dennis R. Preston. The central question here is: Are speech samples with a high pleasure value also automatically considered correct? Finally, an interpretation of metalinguistic comments in the speech examples will give more insight into folk linguistic concepts and the role of salient features in this regard.

Women, Development, and Gender Inequality

2016 ◽  
Author(s):  
Lena Dominelli
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Gender Equality ◽  
Sustainable Development Goals ◽  
Vital Role ◽  
The Sustainable Development ◽  
History Of ◽  
Development Goals ◽  
And Gender

Women have a lengthy history of fighting their oppression as women and the inequalities associated with this to claim their place on the world stage, in their countries, and within their families. This article focuses on women’s struggles to be recognized as having legitimate concerns about development initiatives at all levels of society and valuable contributions to make to social development. Crucial to their endeavors were: (1) upholding gender equality and insisting that women be included in all deliberations about sustainable development and (2) seeing that their daily life needs, including their human rights, be treated with respect and dignity and their right to and need for education, health, housing, and all other public goods are realized. The role of the United Nations in these endeavors is also considered. Its policies on gender and development, on poverty alleviation strategies—including the Millennium Development Goals and the Sustainable Development Goals—are discussed and critiqued. Women’s rights are human rights, but their realization remains a challenge for policymakers and practitioners everywhere. Social workers have a vital role to play in advocating for gender equality and mobilizing women to take action in support of their right to social justice. Our struggle for equality has a long and courageous history.

scholarly journals The Punitive Authorities of Independent Administrative Bodies and Its Role in Widening the Circle of Criminality

2017 ◽  
Vol 6 (1) ◽  
pp. 156
Author(s):  
Rana Atour
Keyword(s):  
Human Rights ◽  
Economic Activity ◽  
Vital Role ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
European Court ◽  
Domestic Courts ◽  
Economic State

The punitive authorities of independent administrative bodies and their role in the widening circle of criminality have been the main focus of the study. The study has evaluated the criminal justice agencies, such as the French Constitutional Council and the European Court of Human Rights. Some domestic courts have been playing a vital role in enhancing the criminal proceedings for administrative offences. The role of penal legislation is essential to find, so the study reviewed the role of punitive authorities of independent administrative bodies in widening the circle of criminality. The independent administrative bodies in the economic activity lack legal guarantees and consecration that may be deliberated, and practiced under the guise of flexibility and speed to ensure effective economic state. Penal legislator should punish the offenders following the acts of disciplinary sanctions and administrative bodies. It has been observed that there are still some differences and imperfections in nature among countries concerning the national legislations. Decisions and judgments are issued by the administrative bodies; whereas, some large administrative bodies are found in the areas with greater economic activities. It has been found that there is lack of legal guarantees and consecration, which may be practiced to ensure the efficient economic state. The independent administrative authorities do not violate the legal provisions, which governs the sectors. The study has concluded that the power of punishment is no longer effective to the criminal judge. The independent administrative authorities do not violate the constitution and the legal provisions, governing the sectors.

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