Summary
Summary Seminar notes on Employment Law
- Module
- Tort Law
- Institution
- The University Of Kent (UKC)
Seminar Notes on the Termination of Employment and Employment Law
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BUSN5016 SEMINAR WORKSHEETTermination of Employment
Essential Reading:
1. Riches S. and Allen V. (2013); Keenan and Riches’ Business Law; Eleventh Edition.
Pearson; Chapters 16; Employing Labour
2. Roach. L., (2016), Card and James’ Business Law, Fourth Edition. Oxford
University Press; Chapter 28, Termination of Employment
3. Any other relevant materials used during the lectures during Week 32.
Learning Outcome:
To demonstrate knowledge of the termination of employment in different
scenarios
To define wrongful and constructive dismissals
To outline the remedies for unfair dismissal
*Read the relevant sections as indicated before coming to the seminar and address
the following tasks.
Your seminar leader will divide the class into four work groups. In addressing the task
below, you should make references to relevant sections of legislation and case law
where applicable
Tasks:
Question 1:
Define the following:
a. Constructive dismissal; Employer’s conduct results in a repudiatory breach of
contract; destroys the root of contract between employer and employee; employee
is entitled to dismiss the contract.
b. Wrongful dismissal: Employer that has breached their contract dismisses the
employee.
c. What are the potential fair reasons for dismissal? – Reasons for Fair Dismissal; 6
grounds for fair dismissal under Employment Rights Act –
(Capability/Qualification, Conduct (ordinary/gross misconduct), illegal to keep employee In
Job, Retirement, Some other Substantial Reason (SOSR), Redundancy)
d. When does a redundancy occur? – Employer terminates a contract of an employee
– must follow a specific procedure
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