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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 ...
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]
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.
This was so despite the fact that privatisation took place 2 years beforehand. "27 Two years may appear to be a long time but that begs the question what has happened in the two years which may have broken the chain of causation. The Employment Tribunal then goes on to say that determination of this point must be a question of fact which, of ...
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law.
The Court of Appeal laid out a three-stage test to whether there is contributory fault in an unfair dismissal claim. The test is as follows: [2] Was the employee culpable or blameworthy? Did the employee's actions cause or contribute to the dismissal? Is it just and equitable in the circumstances to reduce the award?
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