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Parker LJ held that agreed terminations are very often still dismissals, as under the Employment Rights Act 1996 section 95(1)(b) where fixed term contracts expire, or where there is notice under section 95(1)(a). Here the provision for automatic termination had the effect, if valid, of limiting the operation of the sections.
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 ...
50 In the opinion of the Court, a claim for unfair dismissal under the 1996 Act would be an appropriate domestic remedy for a person dismissed on account of his political beliefs or affiliations. Once such a claim is lodged with the Employment Tribunal, it falls to the employer to demonstrate that there was a "substantial reason" for the dismissal.
Unfair dismissal in Namibia is defined by the Labour Act, 2007, under which the employer has the burden of the proof that a dismissal was fair. [55] Explicitly listed as cases or unfair dismissal are those due to discrimination in terms of race, religion, political opinion, marital or socio-economic status, as well as dismissals that arise from ...
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 ...
Unfair dismissal, injury to feelings, compensation, contract of employment Johnson v Unisys Limited [2001] UKHL 13 is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment.
7. Dismissal of employee because of relevant transfer. states that employees will be considered dismissed unfairly, if they are dismissed without the employer showing an economic, technical or organisational reason for dismissal. What is certainly not included in this concept is dismissals simply to improve the price of the company before its ...
Unfair dismissal: Iceland Frozen Foods Ltd v Jones [1983] ICR 17 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.