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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 ...
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.
The problems for the employer are that constructive dismissal is a contractual claim, which can be made in a tribunal for up to £25,000 or in court without limit, and, by dismissing constructively, it by definition misses out on the correct procedure meaning that even if the reason was fair, the decision was probably not, and so an unfair ...
A Foreign Office whistleblower has won a case for unfair dismissal over her disclosures to the BBC about the UK evacuation from Afghanistan. Josie Stewart revealed details of the chaotic August ...
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 ...
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 coalition of unions representing 13,000 Disneyland workers has filed unfair labor practice charges against Disney over a Mickey Mouse button.
Long title: An Act to rename industrial tribunals and amend the law relating to those tribunals; to amend the law relating to dismissal procedures agreements and other alternative methods of resolving disputes about employment rights; to provide for the adjustment of awards of compensation for unfair dismissal in cases where no use is made of internal procedures for appealing against dismissal ...