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R (Seymour-Smith) v Secretary of State for Employment [2000] UKHL 12 and (1999) C-167/97 is a landmark case in United Kingdom labour law and European labour law on the qualifying period of work before an employee accrues unfair dismissal rights. It was held by the House of Lords and the European Court of Justice that a two-year qualifying ...
The United Kingdom had a 16 hour per week threshold for all employment protection legislation, and if one had worked for 5 years in a job before a dismissal, the threshold was reduced to 8 hours per week. From 1979 to 1987 the numbers of part time workers grew 30% and the numbers working under 16 hours grew 66%, to 11% of the labour force.
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]
An employment tribunal found that Paul Gregory’s complaint of unfair dismissal was well-founded. ... employed as a customer services representative at the Port of Dover for nearly 30 years ...
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 ...
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.
Unfair dismissal Iceland Frozen Foods Ltd v Jones [1983] ICR 17 is a UK labour law case, concerning unfair dismissal , now governed by the Employment Rights Act 1996 . Facts
34. Underlying both decisions (although not expressly articulated in either) is the notion that it would be unfair for time to begin to run against an employee in relation to his or her unfair dismissal complaint until the employee knows – or, at least, has a reasonable chance to find out – that he or she has been dismissed.
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