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    ACCT2041 PBL - Lecture 10

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    dave
    This document provides an overview of employment law topics covered in Week 10, including: 1) The differences between wrongful dismissal, unfair dismissal, and constructive dismissal and the circumstances that give rise to each. 2) Reasons that constitute "fair" dismissal and the requirements for employers to prove a dismissal was fair. 3) Eligibility requirements to claim unfair dismissal or redundancy, the defenses available to employers, and potential remedies. 4) Additional topics of restraint of trade clauses and protection against discrimination to be covered in the following week.

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    ACCT2041 PBL - Lecture 10

    Uploaded by

    dave
    35 views9 pages
    This document provides an overview of employment law topics covered in Week 10, including: 1) The differences between wrongful dismissal, unfair dismissal, and constructive dismissal and the circumstances that give rise to each. 2) Reasons that constitute "fair" dismissal and the requirements for employers to prove a dismissal was fair. 3) Eligibility requirements to claim unfair dismissal or redundancy, the defenses available to employers, and potential remedies. 4) Additional topics of restraint of trade clauses and protection against discrimination to be covered in the following week.

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    ACCT2041 PBL_Lecture 10

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    This document provides an overview of employment law topics covered in Week 10, including: 1) The differences between wrongful dismissal, unfair dismissal, and constructive dismissal and the circumstances that give rise to each. 2) Reasons that constitute "fair" dismissal and the requirements for employers to prove a dismissal was fair. 3) Eligibility requirements to claim unfair dismissal or redundancy, the defenses available to employers, and potential remedies. 4) Additional topics of restraint of trade clauses and protection against discrimination to be covered in the following week.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    35 views9 pages

    ACCT2041 PBL - Lecture 10

    Uploaded by

    dave
    This document provides an overview of employment law topics covered in Week 10, including: 1) The differences between wrongful dismissal, unfair dismissal, and constructive dismissal and the circumstances that give rise to each. 2) Reasons that constitute "fair" dismissal and the requirements for employers to prove a dismissal was fair. 3) Eligibility requirements to claim unfair dismissal or redundancy, the defenses available to employers, and potential remedies. 4) Additional topics of restraint of trade clauses and protection against discrimination to be covered in the following week.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 9

    ACCT2041: Principles

    of Business Law

    Week 10
    Employment law: dismissal;
    redundancy.

    Dr Gavin D’Northwood
    Content – Lecture 10
    • Distinguish wrongful dismissal
    from unfair dismissal and
    constructive dismissal.
    • Explain the circumstances which
    give rise to each type of
    dismissal.
    • Cover the reasons given for ‘fair’
    dismissal.
    • Explain when a claim for
    redundancy may exist.
    Wrongful dismissal

    • Wrongful dismissal = breach of contract by employer

    • Summary dismissal (no notice); gross misconduct?

    • Minimum notice periods (per s86 ERA 1996)

    • Remedies, e.g. loss of earnings for the notice period


    Unfair dismissal
    • Eligibility to claim:

    1) Continuous employment
    ▪ 5 years for part-time staff! (up to 1994)
    ▪ 2 years (1994 – 1999)
    ▪ 1 year (1999 – 2012)
    ▪ 2 years! (from April 2012)
    2) Employee must prove that they have been dismissed
    ▪ Actual – you’re sacked!
    ▪ Constructive – you resign because of a repudiatory breach by your
    employer.
    ▪ Deemed – employee on maternity leave is refused return to work.

    • Compliance with ACAS grievance procedures?


    (unreasonable failure could increase damages by up to 25%!)
    Unfair dismissal
    • Eligibility to claim:

    3) The employer must prove the dismissal was fair


    ▪ Justifiable grounds for dismissal? (s98 ERA 1996)
    ➢ Lack of qualification or capability? (Litster v Thom & Sons Ltd
    (1975); Davison v Kent Meters (1975))
    ➢ Gross negligence (Taylor v Alidair (1978))
    ➢ Long-term illness
    ➢ Misconduct (Thomson v Alloa Motor Co. (1983); Moore v C & A
    Modes (1981); Whitlow v Alkanet Construction (1987); Teggart v
    Teletech UK Ltd (2012))
    ➢ Statutory restriction (Mathieson v Noble (1972))
    Unfair dismissal
    • Eligibility to claim:

    3) The employer must prove the dismissal was fair


    ➢ Other substantial reasons, (e.g. resolve personality clash, see
    Gorfin v Distressed Gentlefolks’ Aid Association (1973) or
    employee has moved too far away from workplace e.g. Farr v
    Hoveringham Gravels Ltd (1972) or economic reasons e.g. St John
    of God (Care Services) Ltd v Brooks (1992, EAT)
    • Note: appropriate procedures must be followed to prove ‘fairness’

    • Automatically unfair circumstances?

    • Remedies?
    ▪ Reinstatement: ERA 1996, s.113
    ▪ Re-engagement: ERA 1996, s.114
    ▪ Compensation: ERA 1996, S.119
    Redundancy
    • Redundancy = an employee’s job ceases to exist
    due to restructure / change of business practice /
    location closed / business ceased
    ▪ Redundancy payment = compensation for lost
    job. Eligibility?
    1) Continuous service
    2) Relevant employee status
    3) Dismissal caused by redundancy
    ▪ Change of workplace location – is this
    constructive dismissal?
    ➢ O’Brien v Associated Fire Alarms (1969)
    ➢ Managers (Holborn) Ltd v Hohne (1977)
    ▪ Offers of suitable alternative employment?
    (Can’t claim redundancy if ‘dismissed’)
    ▪ Unfair dismissal arising from redundancy?
    (Selection criteria? Bias?)
    And now…
    • From the module Learn Ultra site you can
    access and watch a short video on
    ‘restraint of trade’ clauses in employment
    contracts.
    Employment law:
    protection against
    discrimination.

    Next
    week…

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