If you have already received a fairly large severance sum already, you will need to carefully consider if it is worth making an unfair dismissal claim (because of the £80k statutory cap). This does not, however, mean that a settlement by way of negotiation above this figure cannot still be achieved (which we have achieved many times).
Under the “Norton Tool” principle, where you have been summarily or unfairly dismissed without notice or without payment in lieu of notice, tribunals would not reduce the compensation to reflect any monies received by you from another employer during what would have been your notice period. However, this is not the position if your claim is for , where earnings from alternative employment during the notice period should be taken into account.
When the Industrial Relations Act 1971 introduced a right to claim unfair dismissal, it filled a sorry gap in the common law. Unlike civil law systems, the courts had not qualified the...
The maximum amount that you can be awarded as compensation for Unfair Dismissal is presently from 6th April 2017 the statutory cap of £80,541, or 52 weeks gross salary- whichever is the lower. This is in addition to the basic award which can be ordered by the Tribunal of up to a maximum of £14,670.
The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure.
Critically discuss the above statements.
J. Howe (2013) “Poles apart? The contestation between the ideas of no fault dismissal and unfair dismissal for protecting job security” 42(2) 122-151
The process whereby an employer decides to immediately terminate an employment contract is legally regarded as a summary dismissal. This power may be exercised in circumstances where the contract of employment expressly stipulates or alternatively where the employee is guilty of serious misconduct.
Those that are on a high salary may find it more preferable to bring a claim for wrongful dismissal, as opposed to l, especially where they have lengthy notice periods. This is because they stand to gain more from damages for breach of contract (possibly representing the whole of the notice period they should have been given) as opposed to the amount they could receive on an unfair dismissal claim (which is largely governed by their loss of earnings only, and is subject to a statutory cap of circa £80k).
As the current approach is so engrained in the case-law, perhaps a solution lies in the stages preceding court. The government has introduced a duty on ACAS to provide an Early Conciliation Service whereby any employee pursuing a claim must first inform ACAS who will then “endeavour to promote a settlement”. The government has said this will provide “more positive results in terms of continued employment and business productivity” and it is auspicious that a forum for consideration of employer and employee interests is now compulsory, as this encourages cooperation. Whilst conciliation does not have the bit that legislation has, and will not rectify the weaknesses in unfair dismissal law, it will offer a practical response to overbearing managerial control and keep employer discretion in check.
Unfair Dismissal is a vast area and each case is determined on its facts. You should obtain professional advice as soon as possible if you think you have a claim. At Landau Law, we have advised thousands of employees and senior executives in relation to unfair dismissal claims, with very high success rates (most through negotiated settlements). We will consider a .
In some cases, there is no cap on the compensation that can be awarded. These include cases where as well as unfair dismissal, there is a claim for , , a breach of a health and safety issue or where you are dismissed after trying to assert a statutory right.
In order to achieve this an employer must show that the dismissal was premised upon one or more of the grounds set out in the Unfair Dismissals Act 1977. In doing so the employer must also rebut any allegation of dismissal on any improper grounds alleged by the employee.
EMPLOYMENT LAW ASSIGNMENT 2
You work as an associate legal adviser at the practice of Mancer and Sahdow. There are
currently a number of files on your desk which require your urgent attention.
Gillian Hitchen is 32 year old, a divorced mother with three young children. She has been
working in the factory at Segar textiles for the last three years. To boost her Income, 6 months ago, she also took on casual work as a "Singing telegram" lady who does an exotic dance and sings a greeting at birthday parties and other celebrations.
As Gillian is a rather attractive and very sociable lady, she earns good money doing this
second job, and she regularly tells friends about the "goings-on* at parties she attends. She is also well known at Segars for being a bit of a flirt, and she has had brief affairs with several male employees younger than herself.
Last week, there was a leaving party for Tracy, one of Gillian's friends at Segar. This party was held in the company social club one evening after the day shift had finished working. At one point during the evening, Gillian was walking down the dark corridor towards the toilets, when she heard a voice behind her say "Hi there, busty", and two hands grabbed her bottom and squeezed hard. This turned out to be Terry Tudor, a not very handsome technician, whose advances Gillian had rejected a few days before
Although this incident was not seen or heard by anyone else, Gillian now says that she found the experience deeply upsetting. She decided to go and see the Company personnel manager the next day to complain. However, he simply told Gillian not to be a silly girl and to just accept that under party conditions .people will get a bit frisky and over-familiar.
Gillian is now seeking your advice. You need to write a letter to her, to explain The legal
situation, indicating whether or not she has any basis for a claim against Segar textiles, and if so, what remedies are available to her.
You have been invited to be a guest speaker at the next meeting of the local Law society.
The topic will be the recently introduced Employment Equality (Religion or Belief)
Regulations 2003 .The detail of your brief is as follows :
Prepare brief notes for a presentation which will:
i) Outline the steps which employers need to take in order to meet the requirements of these regulations
ii) Explain how you would judge the effectiveness of these regulations, and the systems and procedures for their enforcement
Note - in your notes, you should take account of the implications of these regulations for
Human resources management and the need for employers to manage a diverse workforce in a
Until two months ago, Jim Jones was a machine operator at Bogley Nuts and Bolts. He was employed there on regular repeating temporary contracts, each of which lasted three months.
There was then a gap of approximately one month between contracts. In total, Jim has worked for Bogieys for two and a half years.
One day, on arriving at work, Jim told his supervisor, Ken Keenan, that he had just won
£10,000 on a scratch card, and that he would shortly be booking a great holiday for himself. At lunchtime, Jim was late back from his meal break. Ken noticed that Jim was laughing rather loudly, his speech was slurred, and he smelt strongly of beer. Ken quickly called two security staff, who escorted Jim to the office of Chris Wision, the Personnel Manager. Chris told Jim that coming to work under the influence of drink amounted to gross misconduct Therefore, he would have to be summarily dismissed, and he should leave the premises immediately It is now two months since Jim left BogSey s. and he has not yet received any pay in lieu of notice. You need to write a letter to Jim advising him on any possible claim(s) against the company in relation to his termination of employment and the lack of payment in lieu of notice. You also need to comment about any possible remedies available to Jim where particular claims can be established.