Summary
Summary Wrongful Dismissal
- Module
- Employment Law (LAW5071)
- Institution
- Birmingham City University (BCU)
A document outlining wrongful dismissal.
[Show more]
Seller
Follow
Content preview
Wrongful DismissalDefinition of Wrongful - Common Law: Breach of Contract.
No prerequisite of a minimum length of service.
Two questions that must be examined when deciding if an individual has been wrongfully d
Has employee been dismissed?
s3(2) Employment Tribunal Act 1996.
Capek v Lincolnshire County Council [2000] ILRL 590.
Was the dismissal a repudiatory breach of contract on the part of the employer?
Unfair dismissal - Statutory right.
Employed for at least two years.
Not 'wrongful':
Lawful (contractual) payment in lieu of notice (PILON) made.
Employee in serious breach of contract ('gross misconduct').
Lawful (contractual) notice given.
Termination without notice clause in the contract applies.
Bringing a claim
Can be pursued in civil courts or employment tribunal.
Courts - Limitation period is six years.
No upper limit on level of damages awarded.
Employment Tribunal - Employment Tribunals Act 1996.
Brought within three months of termination and will not be able to claim more than £25,
Employment Tribunal's Extension of Jurisdiction Order 1994, art. 3 and 5.
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 richard333. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
78121 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