16. Introduction to Unfair Dismissal and Substantive Fairness

2020 ◽  
pp. 615-679
Author(s):  
David Cabrelli
Keyword(s):  
Final Section ◽  
Unfair Dismissal ◽  
The Uk ◽  
Employment Rights

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.

16. Introduction to Unfair Dismissal and Substantive Fairness

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Final Section ◽  
Unfair Dismissal ◽  
The Uk ◽  
Employment Rights

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.

GA: Armani’s Giorgio Armani

2018 ◽  
Author(s):  
Paul Brooker ◽  
Margaret Hayward
Keyword(s):  
Final Section ◽  
The Body ◽  
Body Shop ◽  
The Third ◽  
Haute Couture ◽  
Fashion Designer ◽  
The Body Shop ◽  
The Uk ◽  
Career Woman

The Armani high-fashion example illustrates the importance of adaptive rational methods in his founding and developing of an iconic high-fashion firm. Armani adapted stylistically to fashion’s new times in the 1970–80s by creating a new style catering for the career woman. His stylistic adaptation is compared with that of another famous Italian fashion designer, Versace, who instead modernized haute couture fashion and created a succession of glamourous styles. Both leaders exploited the same opportunity but in different ways. The third section compares these leaders’ legacies in the 1990s–2000s and assesses from a long-term perspective how capably they had used adaptive rational methods. The final section shifts the focus from fashion to the cosmetics industry and from Italy to the UK. Anita Roddick used adaptive rational methods to establish The Body Shop corporation in the 1970s–80s. However, she then abandoned rational methods with dire results for her corporation in the 1990s.

Unfair dismissal in the Mauritius context: a comparative study

2018 ◽  
Vol 60 (6) ◽  
pp. 1299-1312
Author(s):  
Ambareen Beebeejaun
Keyword(s):  
Design Methodology ◽  
Research Work ◽  
Procedural Fairness ◽  
Content Type ◽  
Monetary Compensation ◽  
Unfair Dismissal ◽  
The Subject ◽  
The Law ◽  
Employment Rights ◽  
Practical Recommendations

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.

scholarly journals Forecasts, ethics and financial behaviour: Another reading of economic crises

2011 ◽  
Vol 1 (2) ◽  
pp. 7-13
Author(s):  
Miia Parnaudeau ◽  
Elisabeth Paulet
Keyword(s):  
Business Cycles ◽  
Financial Markets ◽  
Final Section ◽  
Subprime Crisis ◽  
Real Economy ◽  
Ethical Practices ◽  
Economic Agents ◽  
Financial Behaviour ◽  
The Uk ◽  
European Economies

The forecasts of economic agents are not without influence on financial markets‟ fluctuations. The recent subprime crisis has shown that incorrect use of information available on the markets added to the creation of complex financial instruments can have major consequences, not only in financial terms, but also on the real economy. Based on a study of three European countries, France, Germany and the UK, the goal of this paper is to assess how more ethical practices among economic agents can reduce the volatility of financial markets and stabilise the business cycles. This should lead to greater stability for European economies. After discussing the various possible forms that the forecasts of economic agents can take, we will study their correlation with business cycles. The final section will be dedicated to formulating various hypotheses and scenarios for explaining speculative cycles and how to control them with more ethical practices.

13. Horizontal agreements (1): cartels

2021 ◽  
pp. 536-587
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Final Section ◽  
Hard Core ◽  
The Uk ◽  
The Eu

This chapter is concerned with the prohibition of cartels. It begins with a discussion of the widespread consensus among competition authorities worldwide that cartels should be condemned, and gives examples of recent enforcement that led to the imposition of significant fines and sentences of imprisonment. It also looks at anti-cartel enforcement in the EU. The chapter then considers the application of Article 101 to particular types of cartels: price fixing, market sharing, production quotas and other ‘hard-core’ cartel practices. The final section of this chapter looks at anti-cartel enforcement in the UK.

1. The UK Constitution

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Final Section ◽  
System P ◽  
The Uk ◽  
Theoretical Considerations ◽  
The Way

This chapter provides an introduction to the UK Constitution and sets out a foundation upon which discussions in later chapters further develop. It starts by exploring definitions of constitutions, placing the unique UK system within commonly accepted themes and characteristics. It then moves to explain the nature and form of the UK Constitution and some of the sources of which it is constructed, as well as exploring some of the more theoretical considerations as regards its character, including the way in which it is legitimised. The final section entertains academic questions concerning whether or not the UK can be said to have a constitution, including discussion of the case for and against a codified system.

8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy

2019 ◽  
pp. 114-129
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Common Law ◽  
Essential Information ◽  
Employment Contract ◽  
Contract Employees ◽  
Unfair Dismissal ◽  
The Common ◽  
The Law ◽  
Employment Rights ◽  
Wrongful Dismissal

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.

11. Enterprise Act 2002: market studies and market investigations

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Final Section ◽  
General Function ◽  
Fair Trading ◽  
Purpose Procedure ◽  
The Uk

This chapter describes the UK system of market studies and market investigation references. It begins by describing the CMA’s ‘general function’ of gathering information about markets, followed by an explanation of what is meant by a ‘super-complaint’. It examines the purpose, procedure and outcomes of market studies, including possible outcomes. Market studies sometimes lead to market investigation references, although there are several other possible outcomes of a market study. The chapter describes the making and determination of analyses and the market investigation provisions under Part 4 of the Enterprise Act 2002. Having briefly considered public interest cases, enforcement and other supplementary matters, the chapter discusses how the market investigation provisions have been working in practice. The final section of the chapter briefly refers to the enforcement and review of undertakings and orders still in force under the monopoly provisions in the former Fair Trading Act 1973.

3. Barriers to employment rights

2019 ◽  
pp. 46-82
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Public Sector ◽  
Employment Law ◽  
Time Limit ◽  
Equal Protection ◽  
Private Firms ◽  
Continuous Service ◽  
Barriers To Employment ◽  
The Uk ◽  
Employment Rights

UK employment law does not give equal protection to everyone considered to be working for an employer. In fact, a substantial minority of people who work for private firms, companies and public sector organisations do not enjoy the protection of employment law in some significant respects. There are four types of situation that often deny people the opportunity to bring their claims to court: when a claimant is not considered to be an employee; when a claimant is not considered to be a worker; when a claimant (who is an employee) has not completed sufficient continuous service with their employer; and when a claimant is found not to be working legally in the UK. In addition, employment tribunals operate strict limits on how soon after someone is dismissed or suffers from an instance of unlawful discrimination they make a claim if they want it to be heard. For most tribunal jurisdictions this time limit is set at three months, meaning that after this period has passed a claim cannot be considered because it is ‘out of time’. In practice this rule can also act as a fifth type of barrier preventing people from accessing their employment rights. This chapter focuses on these five types of situations.

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