Nobody downloaded yet

Unfair Dismissal and Redundancy - Outline Example

Comments (0) Cite this document
Summary
The paper talks about unfair dismissal as the termination of an employee’s contract by an employer based on unjustifiable reasons and through an unfair and unreasonable process. A dismissal is fair if it fulfils these two conditions; the reason for dismissal is fair and the process of dismissal is fair and reasonable…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.7% of users find it useful
Unfair Dismissal and Redundancy
Read TextPreview

Extract of sample "Unfair Dismissal and Redundancy"

Download file to see previous pages This includes drug abuse, disclosure of confidential information, theft, violence, unauthorised absence and breach of contract among others. Redundancy is also a ground for fair dismissal when conducted in a fair manner. The recent global financial crisis places much focus on redundancy; hence, the issue is detailed later as an independent topic. The fourth reason upon which the fairness of a dismissal rests is statutory restriction, where the employer would be in contravention of a statutory provision if the employment continues. The considerations for this ground include situations where a breach of immigration rules may occur, loss of a driving license and presence of a criminal record among others. The fairness of a dismissal may also be argued based on “some other substantial reason” (s.98 Employment Rights Act (ERA) 1996) due to the impossibility of capturing all grounds under the law. Here, examples include conflict of personalities and relationship breakdowns, resistance to necessary changes in employment terms and legitimate commercial reasons among others. A valuable consideration which arises here is the reasonableness of the dismissal, where the law expects the employer to act reasonably at all times. Automatically Unfair Dismissals Certain circumstances qualify a dismissal as unfair without question according to the law. These include unlawful discrimination; for having asserted a statutory right; when an employee raises issues of health and safety; whistle-blowing; trade union activities/membership; pregnancy, maternity or childbirth; working time regulations; National Minimum Wage; and information and consultation rights. Redundancy The recent global financial downturn...
This essay discusses that one of the most significant considerations in the fairness of a dismissal is the legal definition of an employee. An employee is one who has entered into, or works under a contract of employment. The law also requires sufficiency of service as proof of being an employee; one must have worked continuously for over a year to qualify as an employee. The next aspect that needs definition is dismissal itself, with the importance of defining the term exemplified by the Futty v D & D Brekkes 1974. Legally, a dismissal takes place on three occasions; first, when the employer terminates employment with or without notice; secondly, when the employee resigns with or without notice and where the employer constructively dismisses them; and lastly, when the employer does not renew a fixed term contract. Hence, independent resignation, mutual contractual termination and operation of law in termination do not qualify as dismissals under the law. Certain circumstances qualify a dismissal as unfair without question according to the law. These include unlawful discrimination; for having asserted a statutory right; when an employee raises issues of health and safety; whistle-blowing; trade union activities/membership; pregnancy, maternity or childbirth; working time regulations; National Minimum Wage; and information and consultation rights. The recent global financial downturn saw many employees around the world dismissed on one particular ground; redundancy. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Unfair Dismissal and Redundancy Outline Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/law/1394488-unfair-dismissal-and-redundancy
(Unfair Dismissal and Redundancy Outline Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/law/1394488-unfair-dismissal-and-redundancy.
“Unfair Dismissal and Redundancy Outline Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1394488-unfair-dismissal-and-redundancy.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Unfair Dismissal and Redundancy

Dismissal: fair or unfair

...unlawful to subject one to harassment, victimization or compulsory retirement as a result of age. The retirement age for public employees in the UK was 65 years hence one could not retire a person before that age. However, the Equality Act removed the upper age limits on issues to do with unfair dismissal and redundancy. In the case of Walton Centre for Neurology v Bewley, the evidence required the company to show that the implementation of retirement age corresponds to and achieves real business need and goes no further than necessary to achieve that need and that there is no other alternative to meet the need (Davis 2011: 186). Disability Discrimination Disability refers to physical or...
6 Pages(1500 words)Essay

Employment Law:rights and obligations; health and safety; dismissal requirement; penalties on unfair dismissal

.... The employer should be careful and act fairly while terminating an employee. Lack of decision or to set aside the employment rules and regulation in dismissing the employee may culminate the sizable award of compensation from the competent court of law. It would be unfair on the part of an employee to terminate the services of an employee without taking into consideration the length of service of an employee for one of the given reasons a) trade union activist b) maternity leave c) irresponsible behaviour due to ill health d) refusal to do the assigned task e) transfer to other department due to poor performance16. It would also be an unfair on the part of an employer to...
7 Pages(1750 words)Essay

Unfair Dismissal

...Unfair Dismissal Introduction The reality of a dismissal is a critical jurisdictional aspect in the laws pertaining to redundancy and unfair dismissal. In majority cases dismissal is evident, but in cases of uncertainty the onus is on the claimant to establish that he/she is dismissed and in case of failure, the case can’t be further proceed. Unfair dismissal establishes the main component of current employment law, contributing more realistic solutions than provided by the common law for majority of employees1. An early victory in this field was its consequences in...
10 Pages(2500 words)Essay

Unfair Dismissal Report

..., and various managerial level employees who were witnesses for Rheem Australia Pty Limited, the respondent. The Workplace Relations Act 1996 (the Act) allows an employer to lawfully dismiss an employee provided the dismissal is not: 1. Harsh, unjust or unreasonable (unfair dismissal); 1 2. in breach of discrimination provisions (unlawful termination); and/or 2 3. in breach of minimum notice provisions (unlawful termination). According to the Act, an unfair dismissal occurs when an otherwise lawful termination of an employee is judged to be "harsh, unjust or unreasonable" (s170CG(1)(b)). Unfair...
10 Pages(2500 words)Essay

Kevin's Dismissal

...misconduct unless and until it conducts an investigation. In Burchell v British Home Stores [1978] IRLR 379 it was held that in considering whether or not a dismissal on the grounds of misconduct was fair and reasonable, the court is required to consider whether or not the allegation itself was based on reasonable grounds and whether or not an investigation was conducted into the matter.7 According to this ruling there are two points to consider in Kevin's case. First and foremost it is necessary to determine whether or not the allegation of misconduct was fair and reasonable. Having regard to the onerous duty placed upon the employer to provide a healthy and safe place of work, the allegation of gross misconduct is...
10 Pages(2500 words)Case Study

Unfair Dismissal and Trade Unions

.... It also simplifies the formerly complex system of additional awards employers may be forced to pay should they fail to re-instate or re-engage and, in some cases, the additional award ceiling is also increased. In addition, the new regulations will no longer allow unfair dismissal rights to be waived upon the expiration of a fixed-term contract (of at least one year), although statutory redundancy pay rights may still be waived. The Bill also introduces a new right for employees (from the start of their employment) to be accompanied by a fellow worker or union official at certain formal Unfair dismissal and Trade Union problem question...
8 Pages(2000 words)Essay

UK employment law on unfair dismissal

...Q) Would UK employment law on unfair dismissal protect the following from dismissal: a) Bill; b) The various nannies who work in the Mandox household? In order to consider whether Bill and the nannies are protected from dismissal under UK employment law, it will be necessary to evaluate whether they satisfy the legal requirement of being an employee, which is essential to any claim for wrongful and/or unfair dismissal under UK law. The legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as “an individual who has entered into or works under……..a contract of employment”. The section 230...
6 Pages(1500 words)Essay

Unfair Dismissal

...1 Unfair Dismissal Introduction Unfair employment practices have always been the bane of industrial relationships in several workplaces as workers are robbed of their rights to better working conditions and improved personal development. Unfair dismissal by unscrupulous employers has been a serious issue that has even drawn the attention of International Labour Organisation ILO, which recommends that: Termination of employment should not take place unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or...
12 Pages(3000 words)Essay

Constructive Dismissal and Unfair Dismissal Claims

...Constructive Dismissal and Unfair Dismissal Claims Raj AFSB’s termination of Raj’s employment contract constitutes summary dismissal. This is because he has been discharged from his duties instantly without prior notice or any warnings or any pay that should accompany such notices. The main reason behind his dismissal is trumped up charges of gross misconduct, when in the actual sense theft, fraud, and violence are the malpractices that meet the thresholds for such an arbitrary action of the employer. In light of his summary dismissal, Raj has the rights to pursue claims for his unfair dismissal and...
9 Pages(2250 words)Essay

Unfair dismissal law in the UK

...employers and the employees called the Employment Tribunal (ET).Latreille, Latreille and Knight (2005, pg. 325) affirms that the ET is an autonomous judicial organisation founded to determine disagreements between a company and workers regarding employment civil liberties. The ET hears allegations concerning employment issues such as unfair dismissal, unfairness, wages and redundancy costs. The Applicability of the Legal Provisions and the Benefits A number of rationalisations for the law are usually presented to intercede the unfair dismissal law in the management’s capacity to manage its dealings such as rectifying the inequity in...
5 Pages(1250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Outline on topic Unfair Dismissal and Redundancy for FREE!

Contact Us