Summary Dismissal in UK Law
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Pepper v Webb
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— something done by the employee which impliedly or expressly is a repudiation of the fundamental terms of the contract; and in my Judgment if ever there was such a repudiation this is it. He is to look after the garden and he is to look after the greenhouse. If he does not care a hoot about either then he is repudiating his contract. That is what it seems to me Pepper did, and I do not see, having done that, that he can complain if he is summarily dismissed.
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Laws v London Chronicle (Indicator Newspapers) Ltd
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To my mind, the proper conclusion to be drawn from the passages I have cited and the cases to which we have been referred is that, since a contract of service is but an example of contracts in general, so that the general law of contract will be applicable, it follows that the question must be - if summary dismissal is claimed to be justifiable - whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service.
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Delaney v Staples (trading as De Montfort Recruitment)
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(4) Without the agreement of the employee, the employer summarily dismisses the employee and tenders a payment in lieu of proper notice. This is by far the most common type of payment in lieu and the present case falls into this category. The employer is in breach of contract by dismissing the employee without proper notice. However, the summary dismissal is effective to put an end to the employment relationship, whether or not it unilaterally discharges the contract of employment.
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O'Laoire v Jackel International Ltd (No. 2)
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At common law, damages for loss of earnings on summary dismissal are limited to the loss of salary and other benefits during the period until the contract could have been lawfully determined by the employer, in this case six months: Chitty on Contracts 26th Edition, para. 3989.
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Johnson v Unisys Ltd
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Consistently with these provisions, Mr Johnson was written a letter of engagement which stated his salary and summarised the terms and conditions of his employment, including the notice period. Apart from the statement that in the event of gross misconduct, the company could terminate his employment without notice, it made no reference to disciplinary matters.
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Fuller v London Borough of Brent
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A summary of the allocation of powers and responsibilities in unfair dismissal disputes bears repetition: it is for the employer to take the decision whether or not to dismiss an employee; for the ET to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the EAT (and the ordinary courts hearing employment appeals) to decide whether a question of law arises from the proceedings in the ET.
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Briscoe v Lubrizol Ltd
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To draw a distinction between gross misconduct and repudiatory conduct evincing an intention no longer to be bound by the contract is in my judgment to make a distinction without a real difference. It may be more common in employment cases to deal with gross misconduct, but that is essentially a form of repudiatory conduct. The two propositions appear to have been so treated by Lord Jauncey of Tullichettle in Neary and Neary v Dean of Westminster [1999] IRLR 288 when he said at paragraph 20:—
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Employment Rights Act 1996
... ... to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A, a person who holds, otherwise than ... subsection shall be—(a) guilty of an offence, and(b) liable on summary conviction to a fine not exceeding level 2 on the standard scale ... ...
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Employment Rights (Northern Ireland) Order 1996
... ... “basic award of compensation for unfair dismissal” shall be construed in accordance with Article 152, ... “business” ... Exclusions Exclusions ... Summary dismissal Summary dismissal ... 175. —(1) Subject to paragraphs (2) ... ...
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Defamation Act 2013
... ... , the publication of a fair and accurate copy of, extract from or summary of the statement or assessment is also privileged ... (6) A publication ... which relates to the appointment, resignation, retirement or dismissal of directors of the company or its auditors.(4) In this paragraph ... ...
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Criminal Justice and Courts Act 2015
... ... for a term not exceeding 2 years or a fine (or both) ;(b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine ... of the claim, but(b) on an application by the defendant for the dismissal of the claim under this section, the court is satisfied on the balance of ... ...
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Explaining prosecution outcomes for cryptocurrency-based financial crimes
Purpose: Cryptocurrencies have been used to commit various offences, but enforcement efforts remain underdeveloped relative to the value of these crimes. This paper aims to examine factors associat...... ... committing a crime each made a case lesslikely to be resolvedby dismissal, trial or summary or default judgement.Originality/value –This paper is ... ...
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THE FUTURE ROLE OF THE LAW
Summary 1. All individual labour relations disputes arising out of breach of contract of employment including unfair dismissal should be capable of being settled by the relatively rapid, inexpensiv...... ... in respect of pre-planning and carrying out the dismissal of employees for redundancy, quite apart from financial pro- ... urgent discussion may be broadly summed up as follows : SUMMARY 1. All individual labour relations disputes arising out of ... ...
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Public Law Principles Applicable to Dismissal from Employment
... ... It is proposed to deal &st with cases of summary dismissal as regards both the grounds of dismissal and the procedure to be followed; then the termination of the ... ...
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THE CONTRACT OF EMPLOYMENT IN POLISH LABOUR LAW
... ... employees are to be protected against arbitrary dismissal. 2. Trade unions are to exercise effective supervision ... fully embodied in the content of the legal rules as to summary dismissal, that is, the termination of the employment ... ...
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ICC Court Clarifies Summary Dismissal Procedure in Arbitration
In a revised practice note, the ICC Court of Arbitration has provided guidance on the procedure for determining applications for summary dismissal of unmeritorious claims and defences in arbitratio...
- Summary Dismissal And Misconduct
- Effective Date of Termination - Supreme Court Guidance on Summary Dismissal
- Summary Dismissal Calculating The Effective Date Of Termination
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T420)
Includes the refund form for claimants.... ... guidance, set out in case law. In unfair dismissal claims, the tribunal may also order that you ... be reinstated in your ... Claim process summary ... Dispute arises ... Try to sort it out ... informally/directly ... with ... ...
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T423)
Includes the refund form for claimants.... ... law. For unfair dismissal claims, the tribunal can make an award for future loss of earnings ... address is www.acas.org.uk ... Claim process summary ... Dispute arises ... Try to sort it out ... informally/directly with ... ...
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T422)
Includes the refund form for claimants.... ... law. For unfair dismissal claims, the tribunal can make an award for future loss of earnings ... Claim process summary ... Dispute arises ... Try to sort it out ... informally/directly with ... ...