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Mrs Herling, who began working at the pub in 2003, sued her husband and the family business for unfair and wrongful dismissal, unauthorised pay deductions and victimisation, after he issued her ...
Claims of unfair dismissal can only be brought before an employment tribunal. There are strict and very short time limits for claims of unfair dismissal. Normally a claim must be brought within three months of the last day of employment, counting the last day of employment as the first day of the three-month period. [134]
A wrongful dismissal can be a fair or unfair dismissal, just as an unfair dismissal may or may not be a wrongful dismissal in terms of whether the correct notice was given. If the employee had two year's service he could claim unfair dismissal if there was something wrong with the decision to dismiss as opposed to the length of notice.
Lawson v Serco Ltd involved three joined appeals, where the question was whether the claimants could bring cases for unfair dismissal in the UK within the Employment Rights Act 1996, given that they worked part of their time abroad. However the ERA 1996 had been amended to exclude any reference to territorial scope, and thus left the issue to ...
And in welcome news for the millions of workers in the UK earning minimum wage, there will be a 6.7 per cent boost to the hourly rate from £11.82 to £12.21 in April.
Polkey v AE Dayton Services Ltd [1987] UKHL 8 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.. The phrase 'Polkey deduction' has become a standard concept in UK Employment Tribunals, as a result of this case and later ones, meaning that even if a Tribunal decides a dismissal was unfair, it must separately decide whether the compensatory ...
The employers argued that there was no dismissal, that it was not unfair, that they had paid wages fully, and that there was no race discrimination. The Employment Tribunal held that there was unfair dismissal, unlawful wage deductions, and failure to pay holiday pay, but not enough evidence of race discrimination.