employment law Flashcards
(39 cards)
What section of ERA 1996 defines constructive dismissal?
Section 95 of ERA 1996.
What two elements must be present to claim constructive dismissal?
There must be a serious breach by the employer, and the breach must be the reason the employee resigned.
What case involved shift change leading to constructive dismissal?
Simmonds vs Dowty Seals Ltd (1978) – employee forced onto day shift.
What case allowed an employee to consider contract terminated as CD and why?
British Aircraft Corporation vs Austin (1978) – employer failed to investigate a serious H&S complaint
Under what law do employees have the right not to be unfairly dismissed?
Employment Rights Act (ERA) 1996.
How long does an employee have to apply to a tribunal for UD?
Within 3 months of dismissal.
Who has the burden of proof in unfair dismissal cases?
The employer must prove the dismissal was fair.
What are the key criteria to claim unfair dismissal?
Below retirement age, employed for 1+ years, and dismissed unfairly.
What must the employee do before a tribunal claim?
Serve a grievance notice to the employer.
What is the ACAS grievance process? (SN said not needed tho)
Raise grievance → employer responds with meeting → meeting held → potential remedies discussed.
What are two possible remedies after an unfair dismissal?
Reinstatement or re-engagement.
What happens if the employer refuses a tribunal’s reinstatement advice?
A special award may be granted to the employee.
What are the three components of compensation for UD?
Basic award, compensatory award, and special/additional award.
What is the 2019 maximum award for unfair dismissal?
Around £86,444.
What is the 2019 minimum award for unfair dismissal?
Around £6,408.
What case established a fair dismissal due to a health condition?
Post Office v Mughal (1977).
What test was established in British Home Stores Ltd vs Burchell (1978)?
The Burchell test: genuine belief of misconduct, reasonable grounds, and reasonable investigation.
What happened in Icleand frozen foods v Jones (1983)?
Jones misconduct, held was fair dismissal
What section outlines fair reasons for dismissal?
Section 98 of ERA 1996.
Four fair reasons for dismissal?
1) Incapability/lack of qualifications
2) misconduct
3) Legal prohibition
4) redundant (unfairly selected for this=unfair tho)
Give an example of a legal prohibition.
A delivery driver losing their licence.
What is another substantial reason for fair dismissal?
e.g. dishonesty in trusted position for example Singh vs London Country Bus Services (1976) – dishonesty conviction.
What test determines if a dismissal was reasonable?
The reasonableness test: seriousness of reason and procedural fairness.
What are examples of automatically unfair dismissal?
Dismissal due to whistleblowing, maternity rights, union activity, asserting statutory rights, unfair redundancy selection.
