Wrongful Dismissal in UK Law
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The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?
If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the ......... * If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the ... held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or ......
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‘Dishonest and Corrupt’ Companies, Employees and Stigma Damages
If a company becomes known as a corrupt and dishonest one with the result that employees dismissed by the company's liquidators find it more difficult than they would otherwise have done to obtain .........] AC 488 has been taken to be that no damages are awarded in a wrongful dismissal action for the manner in which the dis-missal took place, even ......
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Edwards v Chesterfield Royal Hospital – Parliamentary Intention and Damages Caused by Maladministration of a Contractual Dismissal Procedure
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 [2012] 2 W.L.R. 55 the Supreme Court addressed the following question: is an employee, who can establish that (a) if a c......... To do so would offend the principal that the maximum of an employer’s liability for wrongful dismissal is to pay the employ ee damages for any notice period which he has been denied. 4 A majority of the Supreme Court rejected the proposition ......
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In Court
......The . Court . decided that it was deaf me appellant was. Wrongful Dismissal for Negligence. ......
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Contract Doesn't Live Here any More?
“Parliament intended that Industrial Tribunals should provide a quick and cheap remedy for what it had decided were injustices in the employment sphere. The procedure was to be such that both emplo......... few years le alism IN considering any claim for unfair dismissal an Industrial Tribunal’s starting point is always section 57(3) ... itself guaranteed this.”14 The dismissal, even if wrongful, was regarded as being effective to terminate the contract” ......
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A contracting loophole: James Fairchild explains how the law on implied employment status has created risks for companies that use agency workers.
...... payments--and that future claims by contractors of unfair and/or wrongful dismissal would be more likely to succeed. But new regulations on ......
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Douglas Brodie, THE CONTRACT OF EMPLOYMENT Edinburgh: Thomson/W Green (www.wgreen.co.uk), Scottish Universities Law Institute, 2008. xxxix + 270 pp. ISBN 9780414017221. £125.
...... procedures, and protection from discrimination and from unfair dismissal. To the extent that these rights cannot be contracted out of, freedom of ... terms, damages, and termination by reason of material breach or wrongful dismissal. It does not deal, except in passing, with any of the statutory ......
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Flexibility and Fairness in Liberal Market Economies: The Comparative Impact of the Legal Environment and High‐Performance Work Systems
This paper compares management flexibility in employment decision making in the United States and Canada through a cross‐national survey of organizations in representative jurisdictions in each cou......... degr ee of flexibility in employment outcomes, such as higher dismissal and discipline rates , yet do not experience any greater flexibility or ...2003). The focus will be on two aspects of employment law — wrongful dismissal la w and employment discrimination law — that most ......
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Dismissals and the Federal Conciliation and Arbitration System
...... western democracies is that of protection against unfair dismissal. The common law action for breach of the contract of employment ... respects to the approach traditionally favoured in wrongful dismissal cases. C Specific performance The courts have always been ......
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NOTES OF CASES
...... J. LONBAY* WRONGFUL DISMISSAL, UNFAIR DISMISSAL AND THE FEW subjects in individual ......
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