Unfair Dismissal in UK Law
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Eastwood v Magnox Electric Plc
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The statutory code provides remedies for infringement of the statutory right not to be dismissed unfairly. If before his dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action remains unimpaired by his subsequent unfair dismissal and the statutory rights flowing therefrom. By definition, in law such a cause of action exists independently of the dismissal.
Exceptionally, financial loss may flow directly from the employer's failure to act fairly when taking steps leading to dismissal. Another instance is cases such as those now before the House, when an employee suffers financial loss from psychiatric or other illness caused by his pre-dismissal unfair treatment. In such cases the employee has a common law cause of action which precedes, and is independent of, his subsequent dismissal.
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Abernethy v Mott, Hay and Anderson
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A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, at any rate, as against him, as to the real reason, but it does notnecessarily constitute the real reason.
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Kuzel v Roche Products Ltd
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Unfair dismissal and discrimination on specific prohibited grounds are, however, different causes of action. The statutory structure of the unfair dismissal legislation is so different from that of the discrimination legislation that an attempt at cross fertilisation or legal transplants runs a risk of complicating rather than clarifying the legal concepts.
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Glasgow City Council v Zafar (No.2)
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If he is not a reasonable employer he might well have treated another employee in just the same unsatisfactory way as he treated the complainant in which case he would not have treated the complainant "less favourably" for the purposes of the Act of 1976. The fact that, for the purposes of the law of unfair dismissal, an employer has acted unreasonably casts no light whatsoever on the question whether he has treated the employee "less favourably" for the purposes of the Act of 1976.
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Polkey v A. E. Dayton Services Ltd
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Thus, in the case of incapacity, the employer will normally not act reasonably unless he gives the employee fair warning and an opportunity to mend his ways and show that he can do the job; in the case of misconduct, the employer will normally not act reasonably unless he investigates the complaint of misconduct fully and fairly and hears whatever the employee wishes to say in his defence or in explanation or mitigation; in the case of redundancy, the employer will normally not act reasonably unless he warns and consults any employees affected or their representative, adopts a fair basis on which to select for redundancy and takes such steps as may be reasonable to avoid or minimise redundancy by redeployment within his own organisation.
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Orr v Milton Keynes Council
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(6) In doing the exercise set out at (5), the ET must consider, by the objective standards of the hypothetical reasonable employer, rather than by reference to its own subjective views, whether the employer has acted within a "band or range of reasonable responses" to the particular misconduct found of the particular employee.
- The Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013
- The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012
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Public Interest Disclosure Act 1998
... ... in which, by virtue of section 197, Part X does not apply to the dismissal, this section does not apply where(a) the worker is an employee, and(b) ... 5: Unfair dismissal ... After section 103 of the 1996 Act there is inserted(103A) ... ...
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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 ... ...
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Unfair Dismissal Law and Temporary Migrant Labour in Australia
Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the abili...
- JOB SECURITY AND UNFAIR DISMISSAL
- UNFAIR DISMISSAL AND REINSTATEMENT
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Unfair dismissal cases, disciplinary procedures, recruitment methods and management style. Case study evidence from three industrial sectors
Summarises some findings from recent empirical research into the factors influencing the incidence of claims of unfair dismissal to industrial tribunals. Using a paired comparison case study method...
- Unfair Dismissal
- Unfair Dismissal: Capability
- Unfair Dismissal: Capability
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Offensive Twitter Comments and Unfair Dismissal
In Game Retail Limited v Laws UKEAT0188/14, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee for tweeting offensive comments from a personal Twitter account was ...
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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 ... ...
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Make a claim with others to an employment tribunal
Includes the refund form for claimants.... ... I was unfairly dismissed (including constructive dismissal) ... I was discriminated against on the grounds of: ... gender ... want if your claim is successful: ... If claiming unfair dismissal, to get your old job back and compensation (reinstatement) ... ...
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guidance for claimants and respondents (T425)
Includes the refund form for claimants.... ... that dismissal would not be in the interests of justice. If the claim is dismissed you ... claiming. In an unfair dismissal case or discrimination claim involving loss of employment, ... ...
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T611)
Includes the refund form for claimants.... ... • must include a discrimination complaint or a complaint of unfair dismissal ... • must normally be predicted to last at least three days ... ...