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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 ...
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 ...
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 ...
The Department for Work and Pensions (DWP) consultation into plans to cut billions in disability benefits has been ruled unlawful by the High Court for being “unfair and misleading”.. The ...
The Court of Appeal held the dismissal was a “substantial reason of a kind such as to justify the dismissal” within EPA 1974 Sch 1, para 6(1)(b). There was no requirement to consult the claimant specifically. Consultation was one factor among many that could be taken into account.
He was told he would be hired under UK law terms and conditions, and this was arranged by a staffing department in Aberdeen. Under the UK Employment Rights Act 1996 he would have a right to claim unfair dismissal, but the Act left open the question of the statute's territorial scope. The UK Supreme Court held that the principle would be that an ...
The new provisions, which came into force on 29 July 2013, allow an employer to seek agreement with an employee for the latter's dismissal, thereby avoiding any risk of tribunal litigation for wrongful or unfair dismissal. The employee is invited to attend a meeting and may bring a companion (a fellow employee or a trade union officer).
In UK labour law, the ERA 1996 sections 95(1)(b), 136(1)(b), 235(2B) already regulated fixed-term work for the purpose of unfair dismissal. In Ford v Warwickshire CC [ 1 ] the House of Lords held that a teacher who was employed each year, but who always continued to work after the summer break, did count as having continuous employment for the ...