StudentShare solutions
Triangle menu

Employment law Uk - Essay Example

Not dowloaded yet

Extract of sample
Employment law Uk

Under that subsection once the employer has shown that the reason for dismissal was redundancy the determination of the question whether the dismissal is fair or unfair is determined by the Tribunal and takes into account whether in the circumstances (including the size and administrative resources of the employer's undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee in accordance with equity and the substantial merits of the case.
Following the business reorganisation in March 2005 L claimed it genuinely needed to make 3 members of staff redundant. The employer merely has to show that there is a good business reason for the reorganisation and that it will result in a strengthening of the business: Hollister v National Farmers' Union [1979]. Although this case falls under the 'other substantial reason' head the fact that the National Farmers' Union (NFU) reorganised its insurance business to benefit the running of the business was held to be a 'good business reason' to dismiss an employee who would not accept the variation in his contract terms.
"it is possible for an employer to use such a situation as a pretext for getting rid of an employee he wishes to dismiss. It is for the tribunal in each case to see whether on all the evidence, the employer has shown them what was the reason for dismissal."

L has admitted that M was dismissed due to her sickness record, and not simply because of the need to reorganise the business. Where an employee has a long-term health issue which effectively frustrates the contract, it is possible to legitimately dismiss him/her provided there has been a fair review of attendance record and appropriate warnings have been given: International Sports Co Ltd v Thomson [1980]. Whether the dismissal is 'fair' turns on the interpretation of s98(4) of the ERA 1996. In Iceland Frozen Foods v Jones [1983] Browne-Wilkinson J said:

"there is a band of reasonable responses to the employee's conduct within which one employer might reasonably take one view.If the dismissal falls within the band the dismissal is fair."

On the facts L has made no attempt to address M's sick ...Show more

Summary

A dismissal which purports to be for redundancy reasons can be challenged on two bases. The first is that the reason for dismissal was not a genuine redundancy situation, i.e. a sham. The second is that although there is a redundancy situation there was inadequate consultation, unfair selection or no alternative employment considered: Williams v Compair Maxam Ltd [1982].
Author : ehudson
Employment law Uk essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Employment law Uk"
with a personal 20% discount.
Grab the best paper

Related Essays

Employment Law In UK
The research demonstrates a test table that has been used to differentiate ideally between these two categories of workforce in UK was devised by the courts systems. According to the table, the courts attempted to identify the dependency level of the person to the employer. This was deemed important in identifying the individuals that were reliable for the provisions that are as stated in the employment law statutes.
10 pages (2500 words) Essay
Employment law in UK
The researcher compares employment procedures of the USA and UK. The important difference between the USA and the UK employment procedures are that in the UK an employer cannot fire an employee at will. They believe that the relationship between the employer and the employee is always contractual in nature whether written contract between the employer and the employee exists or not.
6 pages (1500 words) Essay
UK employment law
According to UK employment law, it is the right of the employer to pick and hire the candidate they feel has met the organizations requirements and job description. However, the law allows the candidate or employer to file a case if they are denied a chance or sacked on grounds of; marital status, gender, race, religion, disability, political opinion, nationality, and union membership (Chandler 2003, P 5).
8 pages (2000 words) Essay
Employment Law & Practices in the UK
Introduction Employment allows the employer get the services of an employee. Their relationship in the course of work could be easy going or experience challenges. A contract of employment could prevent such challenges if written and accepted before the employee commences work.
6 pages (1500 words) Essay
UK Employment Law
If an employer has not conducted an intenral enquiry or not followed correct disciplinary procedures , then , an affected employee may approach the employment tribunal or courts in UK against his unfair or wrongful dismissal.
12 pages (3000 words) Essay
Employment law, trade unions (uk)
Those occasions currently being care, references to foreign system, are in many countries not frequent for purposes of day to day practice. A historical and critical study of the labour movement movement has come to be recognized as a necessary and even vital part of research of human relations.
16 pages (4000 words) Essay
Employment law Uk
The onus of proof is on the employer to satisfy the Tribunal that the employees redundancy was the reason for the dismissal. Except for situations in which statute provides that a
6 pages (1500 words) Essay
UK employment law on unfair dismissal
The legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as “an individual who has entered into or works under……..a contract of employment”. The section 230 definition has been criticised for being ambiguous
6 pages (1500 words) Essay
Employment Law uk
ntract must be just hence the grounds for dismissal given by the employer under section 98(2) in this case should relate to the conduct of the employee2. Cathy the manager on the grounds of misconduct (stealing from the company) has dismissed Abe without conducting a thorough
7 pages (1750 words) Essay
UK employment law & Role of the State
The state is involved in a variety of many state functions, if not all, activities that are key to its citizens. Among them are regulations, legislation, arbitration and providing employment opportunities. As a regulator, the role of any state in the UK, it
3 pages (750 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation