9. Unfair dismissal

Author(s):  
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. This chapter discusses the law on unfair dismissal. The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, a statutory ban, or some other substantial reason of a kind to justify the dismissal. An employer must act reasonably in treating a reason as sufficient for dismissal. It should be guided by the ACAS Code of Practice 2015 and must follow contractual procedures. The remedies for unfair dismissal include re-employment or compensation.

2021 ◽  
pp. 133-150
Author(s):  
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. This chapter discusses the law on unfair dismissal. The principal cases are discussed in full. It is easy to get lost in the mass of case law and concentration must be kept on the statute and these leading cases. The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, a statutory ban, or some other substantial reason of a kind to justify the dismissal. An employer must act reasonably in treating a reason as sufficient for dismissal. This is the famous ‘range of reasonable responses’ test. It should be guided by the ACAS Code of Practice 2015 and must follow contractual procedures. The remedies for unfair dismissal include re-employment or compensation.


Author(s):  
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. This chapter discusses the law on unfair dismissal. The employer must demonstrate that the reason for the dismissal relates to capability or qualifications, conduct, a statutory ban, or some other substantial reason of a kind to justify the dismissal. An employer must act reasonably in treating a reason as sufficient for dismissal. It should be guided by the ACAS Code of Practice 2015 and must follow contractual procedures. The remedies for unfair dismissal include re-employment or compensation.


2019 ◽  
pp. 114-129
Author(s):  
James Marson ◽  
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. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.


1981 ◽  
Vol 3 (5-6) ◽  
pp. 215-224
Author(s):  
Andrew Clarke
Keyword(s):  

2018 ◽  
Vol 60 (6) ◽  
pp. 1299-1312
Author(s):  
Ambareen Beebeejaun

Purpose The purpose of this study is to critically analyse the concept of unfair dismissal and to assess the extent to which the Employment Rights Act 2008 is affording protection to employees in Mauritius. The purpose of this study is to also demonstrate that as employees form an integral part of their workplace, their employment cannot be terminated without substantive and procedural fairness. The paper will provide some recommendations to cater for loopholes in existing Mauritius employment legislations. Design/Methodology/Approach To critically examine the topic, the black letter approach is adopted to detail legislations and judgments of courts on the subject matter. A comparative analysis with some other jurisdictions’ employment legislations is also carried out to define, explain and examine the concepts of dismissal, substantive causes such as misconduct and procedural fairness. Findings From the methodologies used, it is found that a substantial reason is not sufficient to conclude whether a dismissal is fair. The law of unfair dismissal has introduced some procedural safeguards to protect the employee from being unfairly and unjustifiably dismissed. The procedural requirements act as guidelines to employers and if they are not followed properly, the dismissal will be unfair. Unfair dismissal needs to be accompanied by remedies from employers, and monetary compensation has been found to be the most appropriate remedy. Originality/Value This paper is amongst the first research work conducted in Mauritius that compares the law of unfair dismissal and its implications with the laws of England and South Africa. The study is carried out with a view to provide practical recommendations in this area of employment law to the relevant stakeholders concerned.


2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Оksana Rusova ◽  
◽  
Olga Samoilova ◽  

This article focuses on the problematic issues that arise in the process of appointing a forensic handwriting examination, where the object of study are manuscripts performed in a state of intoxication. The reliability of the conclusions will largely depend on the correct quality and sufficient quantity of comparative material. This will be possible if the initiator of the study, after careful consideration of their work, qualitatively selects comparative material for the study. The purpose of this article is to further improve the purpose of forensic handwriting examination, the object of which is the study of manuscripts made in a state of intoxication, as well as to provide practical recommendations that will allow the initiators of the study to correctly select comparative material. Of particular importance in the conduct of forensic handwriting diagnostic examinations are information from the case file relating to the subject of examination, ie in the resolution, decision or statement must be indicated: first, it is information about the person - the actual or intended executor of the manuscript; second, essential information relating to the situation, the situation in which the manuscript in question was presumably performed, and in connection with it, the possible psychological attitude or emotional state of the person writing. When the initiator of the study informs the expert of the necessary information, he should not be afraid to "impose" a certain version, because the method of expert research is based on checking all the most likely alternatives (versions and counter version) and making decisions based only on objective data. Regarding the selection of comparative material provided for research in establishing whether a person was intoxicated, there are some peculiarities in the selection of experimental samples, because we cannot bring a person in such a state to take the necessary samples because the law prohibits harm to health, humiliation and infliction of moral suffering. They can be obtained without violating the law, by changing the condition, namely, you need to dictate the text at an extremely fast pace. The expert may also make a request, although the initiator of the study provided comparative material such as free, conditionally free and experimental samples, because there may be concomitant factors that the initiator did not take into account when selecting, such as experimental samples. The expert's request should be treated responsibly because the quality of the expert's opinion may depend on how well it is executed.


Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis

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. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.


Author(s):  
Dr Karen Dyer

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. This chapter discusses general defences, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the concept of negligence; the Occupier's Liability Acts; the defence of volenti non fit injuria; the defence of contributory negligence and the Law Reform (Contributory Negligence) Act 1945; and the defence of illegality — ex turpi causa non oritur action.


2021 ◽  
pp. 35-50
Author(s):  
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. This chapter discusses the law on employee wages. An employer may be required to pay wages even if there is no work for the employee to do. Part II of Employment Rights Act 1996 deals with the protection of wages. The National Minimum Wage Act 1998 (NMWA) provides a minimum hourly wage for workers. A higher minimum wage for those over 23 (until 2021, this was 25), the National Living Wage, was introduced in 2016.


Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

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.


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