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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 confession could still leave a dismissal unfair if the disciplinary procedure was defective, in fact the employer must always follow a fair procedure before dismissal for misconduct. [ 132 ] If the employee is a trade union official the employer must consult a senior union leader, otherwise unfair dismissal is likely and there may easily be a ...
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 ...
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.
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
Uber BV v Aslam [2021] UKSC 5 is a landmark case in UK labour law and company law on employment rights. The UK Supreme Court held the transport corporation, Uber, must pay its drivers the national living wage, and at least 28 days paid holidays, from the time that drivers log onto the Uber app, and are willing and able to work.
Buckley LJ held that Mr Gunton could claim damages for failure to follow the procedure. The issue of whether a contract of employment could be terminated by payment of contractual payment in lieu of notice without formal notice of dismissal was addressed again at trial court and Supreme Court in the case of Société Générale, London Branch v Geys, where the "elective theory" of contract ...
Unfair dismissal Williams v Compair Maxam Ltd [1982] ICR 156 [ 1 ] is a UK labour law case, concerning unfair dismissal , now governed by the Employment Rights Act 1996 . Facts