Term
| Prerequisites to pursue a claim of unfair dismissal. |
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Definition
*Must Have been an employee
*Must have been dismissed
*Must have 2 years continuous service unless an exception applies. |
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Term
| Exceptions to the 2 year continuous employment rule |
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Definition
98B.Jury service
99. Leave for family reasons.
100. Health and safety cases.
101. Shop workers and betting workers who refuse Sunday work.
101A. Working time cases.
102. Trustees of occupational pension schemes.
103. Employee representatives.
103A. Protected disclosure.
104. Assertion of statutory right.
104A. The national minimum wage.
104B. Tax credits
104C. Flexible working
104E.Study and training
Public Interest Disclosures. |
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Term
| British Home Stores v Burchell |
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Definition
In cases of alleged misconduct, the employer has to show the following in order for a dismissal to be deemed fair.
* There was a reasonable suspicion based on some evidence.
* The employer had a proper investigation.
* At the end of the investigation they could still maintain that suspicion.
* Dismissal was within a broad band of reasonable responses.
THEY DO NOT HAVE TO PROVE THE EMPLOYEE COMMITTED THE MISCONDUCT IN QUESTION. |
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Term
| Remedy for unfair dismissal |
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Definition
* Reinstatement - to go back to the same job with no break of continuity plus compensation for the time out of work.
* Re-engagement, as above but where the original job no longer exists and another is offered.
* Compensation - an amount of money to put the claimant back in the position that they would have been in had they not been unfairly dismissed. |
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Term
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Definition
* A basic award equivalent to a statutory redundancy payment.
* Immediate loss - a week's net pay for each week out of work between the date of dismissal and the date remedy is awarded. Deducting for most state benefits relating to employment such as Job Seekers Allowance, Employment Support Allowance.
* A loss of rights award, as the employee now has to work for 2 years in the normal course of events to regain the right not to be unfairly dismissed (usually£350 - ££700.
* Future loss, it is for the successful claimant to persuade the tribunal how long their losses may continue or they may be on lower earnings for. The award is made at the net wage per week dependent on how long the employment tribunal think the situation may last. |
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Term
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Definition
If a tribunal feel that the claimant would have been fairly dismissed in any event at some future time they may reduce the amount of any compensation to reflect that possibility. The full UK House of Lords decision appears at the following link:-
http://www.bailii.org/uk/cases/UKHL/1987/8.html
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Term
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Definition
| It is possible for a tribunal to decide that a claimant was dismissed. However, they may also decide that the claimant has in some way contributed to their own dismissal and would therefore reduce the amount of compensation by a percentage to reflect this. |
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