Summary
Summary Unfair Dismissal Checklist
- Module
- Employment Law (LPC)
- Institution
- University Of Law (ULaw)
Unfair Dismissal Checklist
[Show more]
Seller
Follow
Content preview
UNFAIR DISMISSAL(1) Has the claim been brought within the time limit?
3 months from EDT
(2) Is the employee eligible to bring the claim? burden of proof is on the
employee
- Employee?
- Not in an excluded class?
- 2+ years continuous employment
(3) Has there been dismissal?- burden of proof is on the employee
- Expiry & non-renewal of fixed term contract
- Completion of a specific task
- Actual (ambiguous language? see Futty v Brekkes)
- Constructive (CD) - repudiatory breach by Employer which Employee accepts and
in response to which Employee resigns within a reasonable time (if not, deemed to
have ‘waived’ breach)- because its is assumed that employee has affirmed breach.
Includes ‘last straw’ doctrine – accumulation of breaches (Abbey National v Robinson)
(4) Was there a fair reason for the dismissal, the burden of proof is on the
employer:
- Conduct
- Capability (Sickness/ Incompetence)
- Redundancy (Job/ PoW/ Employee) - N.B. If so, consider also if there is Redundancy
Payment claim
- IIlegality (e.g. lorry driver banned from driving)
- Some Other Substantial Reason [SOSR] – business efficacy reasons
-
(5) Did Employer act reasonably in dismissing Employee? – this is a question of
fact for Tribunal
- s.98(4) ERA 1996 - did the Employers actions fall within range of reasonable responses
(RORR) [Iceland Frozen Foods v Jones] taking into account:
(i) Size & administrative resources of employer – big employers should have
proper policies & procedures/ flexibility to accommodate staff – opposite for
small employers where ET more sympathetic.
(ii) Equity – were others in similar situation treated in the same way?
(iii) Substantial merits – long serving Employees (5+ yrs) with previous good work
record should be more sympathetically treated.
(iv) Other circumstances? – fair procedure followed (see below)
(v) Sufficiency of reason? – did the punishment fit the crime?
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller poojashah1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £3.79. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now