LRD Booklets November 2014

Unfair dismissal - a legal guide for union reps


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Introduction

Introduction [page 5] (303 words)

A well organised workforce is one that knows its rights. This means that union and employee representatives need to have a good grasp of the current ...
Open access

Chapter 1

1. Unfair dismissal — a broken system [ch 1: pages 6-7] (1,109 words)

Unfair dismissal legislation has been a main target of the current government’s ongoing attack on employment rights. ...
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TUC proposals for reform of unfair dismissal law [ch 1: page 8] (232 words)

More information [ch 1: page 9] (57 words)

Chapter 2

2. The basic law on dismissal [ch 2: page 10] (131 words)

The rules on unfair dismissal set out in this booklet only apply if there has been a dismissal. In most cases, it will be obvious that a dismissal ...
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Was there a dismissal? [ch 2: page s 10-11] (270 words)

Frustration of contract [ch 2: pages 11-12] (459 words)

Resignation [ch 2: page 12] (108 words)

Resignation or dismissal? [ch 2: pages 12-13] (610 words)

Notice [ch 2: pages 13-14] (67 words)

When employers give notice [ch 2: page 14] (370 words)

Payment in lieu of notice [ch 2: page 15] (192 words)

When employees give notice [ch 2: pages 15-16] (586 words)

Holiday pay [ch 2: pages 16-17] (434 words)

Chapter 3

3. Qualifying for unfair dismissal rights [ch 3: page 18] (411 words)

In most cases, an employee must meet certain qualifying conditions to be able to claim unfair dismissal. Firstly, they must have been dismissed (see ...
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Working out employee status [ch 3: pages 18-19] (400 words)

Establishing length of service — the effective date of termination (EDT) [ch 3: pages 19-21] (845 words)

What about agreements to leave early? [ch 3: page 21] (142 words)

Effect of internal appeals on the EDT [ch 3: pages 21-22] (213 words)

Can an employer cut short the notice to avoid a claim? [ch 3: page 22] (119 words)

Continuous employment [ch 3: pages 22-23] (415 words)

The statutory rules on continuity of service [ch 3: pages 23-25] (927 words)

Temporary employees [ch 3: page 25] (56 words)

Illegality [ch 3: page 25] (156 words)

Chapter 4

4. What makes a dismissal unfair [ch 4: page 26] (184 words)

Employees with at least two years’ continuous service (see page 22) have the right not to be unfairly dismissed under section 94 of the Employment ...
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The five fair reasons for dismissal [ch 4: page 26] (116 words)

Was the dismissal reasonable? [ch 4: pages 26-27] (297 words)

Consistency [ch 4: page 27] (157 words)

The employee’s record [ch 4: page 28] (113 words)

Human rights-based arguments [ch 4: pages 28-29] (565 words)

The information Commissioner’s Employment Practices Data Protection Code [ch 4: page 29] (73 words)

Procedural fairness [ch 4: pages 29-31] (608 words)

Capability dismissals [ch 4: page 31] (59 words)

Capability — Failure to meet performance standards [ch 4: pages 31-33] (903 words)

Checklist — Defending a member facing dismissal for poor performance [ch 4: page 34] (279 words)

Capability — ill-health [ch 4: pages 33-36] (650 words)

Checklist — Defending a member facing dismissal for ill-health [ch 4: page 37] (255 words)

Disability [ch 4: pages 36-37] (326 words)

Conduct dismissals [ch 4: page 38] (179 words)

Investigating conduct dismissals [ch 4: pages 38-39] (450 words)

Dismissal for conduct outside work [ch 4: page 39] (69 words)

Social media [ch 4: pages 39-40] (257 words)

Unfair dismissal and criminal charges [ch 4: pages 40-41] (369 words)

Warnings [ch 4: pages 41-42] (389 words)

Lapsed warnings [ch 4: page 42] (279 words)

Can an employer increase a penalty from Final Warning to Dismissal on appeal? [ch 4: pages 42-43] (193 words)

Gross misconduct (summary dismissal) [ch 4: pages 43-44] (272 words)

Making an example of workers to deter others is unfair [ch 4: page 44] (84 words)

Alcohol and drug dismissals [ch 4: page 44] (193 words)

Redundancy [ch 4: pages 44-45] (179 words)

Complying with a legal duty or restriction [ch 4: page 45] (132 words)

Immigration status [ch 4: pages 45-46] (192 words)

Some other substantial reason [ch 4: page 46] (79 words)

Refusing to agree to changes to terms and conditions [ch 4: pages 46-47] (517 words)

Breakdown of trust and confidence [ch 4: page 47] (84 words)

Third party pressure [ch 4: pages 47-48] (432 words)

Refusing to sign a restrictive covenant [ch 4: page 48] (87 words)

Political opinions or affiliation [ch 4: page 49] (315 words)

Non-renewal of a fixed-term contract [ch 4: pages 49-50] (227 words)

Retirement no longer a fair reason for dismissal [ch 4: pages 50-51] (477 words)

Written reasons for dismissal [ch 4: page 51] (220 words)

The right to be accompanied [ch 4: pages 51-53] (745 words)

Chapter 5

5. Automatically unfair dismissals [ch 5: page 54] (424 words)

Dismissals for certain reasons are “automatically” unfair. This is because they aim to take away individuals’ statutory rights. With an ...
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Pregnancy and maternity [ch 5: pages 55-56] (511 words)

IVF [ch 5: page 56] (100 words)

Childbirth and adoption — selection for redundancy [ch 5: pages 56-57] (270 words)

Childbirth and adoption — redundancy and alternative employment [ch 5: page 57] (217 words)

Other statutory parental rights [ch 5: page 57] (34 words)

Business transfers and service provision changes under TUPE [ch 5: pages 57-59] (588 words)

Trade union membership [ch 5: pages 59-60] (613 words)

Blacklisting [ch 5: page 60] (55 words)

Recognition and collective bargaining [ch 5: page 61] (45 words)

The right to be accompanied [ch 5: page 61] (38 words)

Protected industrial action [ch 5: pages 61-62] (449 words)

Enforcing a statutory right [ch 5: page 62] (167 words)

Spent convictions [ch 5: page 62] (57 words)

Part-time or fixed-term employees [ch 5: page 62] (33 words)

Health and safety reasons [ch 5: page 63] (268 words)

Refusal to work on Sundays [ch 5: page 63] (26 words)

Employee representatives and pension fund trustees [ch 5: page 63] (99 words)

Whistleblowing [ch 5: page 64] (218 words)

National Minimum Wage [ch 5: page 65] (24 words)

Working time [ch 5: page 65] (40 words)

Chapter 6

6. Constructive dismissal [ch 6: page 65] (188 words)

A constructive dismissal, on the face of it, does not seem to be a dismissal at all. It describes what happens where the employee resigns in response ...
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Fundamental contract breach [ch 6: pages 65-66] (360 words)

Does it matter whether the employer intended to breach the contract? [ch 6: page 66] (116 words)

Resignation must be in response to the breach [ch 6: pages 66-67] (119 words)

The employee must not have waived the breach [ch 6: pages 67-68] (546 words)

Grievance [ch 6: page 68] (213 words)

“Last straw” cases [ch 6: page 69] (171 words)

Action by other employees [ch 6: pages 69-70] (326 words)

Chapter 7

7. Wrongful dismissal [ch 7: page 71] (365 words)

A wrongful dismissal is a claim for breach of contract. There is no qualifying service for this kind of claim. These claims are usually brought by ...
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Chapter 8

8. Bringing a claim for unfair dismissal [ch 8: page 72] (30 words)

To bring a claim for unfair dismissal the employee must meet all the qualifying conditions explained In Chapter 2. ...
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Acas early conciliation [ch 8: pages 72-73] (643 words)

Tribunal fees [ch 8: pages 72-73] (218 words)

Protected conversations [ch 8: pages 74-75] (590 words)

Improper behaviour [ch 8: page 75] (211 words)

Employer penalties [ch 8: page 76] (67 words)

Time limits [ch 8: page 76] (248 words)

Extending time to bring an unfair dismissal claim [ch 8: pages 76-77] (261 words)

Getting ready for an unfair dismissal claim [ch 8: page 77] (259 words)

Who hears the tribunal claim? [ch 8: page 78] (94 words)

Chapter 9

9. Remedies [ch 9: page 79] (162 words)

If a tribunal finds that an employee has been unfairly dismissed, it will make a declaration to that effect and can make an award. The award can be ...
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Reinstatement or re-engagement [ch 9: pages 79-80] (267 words)

Compensation [ch 9: page 80] (40 words)

Basic award [ch 9: pages 80-81] (313 words)

Compensatory award [ch 9: page 81] (325 words)

Duty to mitigate losses [ch 9: pages 81-82] (333 words)

Contributory fault [ch 9: pages 82-83] (296 words)

Illegality [ch 9: page 83] (33 words)

Money already paid by the employer [ch 9: page 83] (100 words)

State benefits [ch 9: page 83] (80 words)

Polkey reductions [ch 9: page 84] (142 words)

Failure to follow Acas Code on discipline and grievance [ch 9: page 84] (49 words)

Whistleblowing in bad faith [ch 9: page 84] (38 words)

Failure to provide written terms and conditions of employment [ch 9: page 84] (66 words)

The employer’s ability to pay [ch 9: page 84] (86 words)

Maximum compensatory award [ch 9: page 85] (87 words)

Additional award [ch 9: pages 85-86] (360 words)

Insolvency [ch 9: page 86] (147 words)

Tax [ch 9: page 86] (58 words)

Further information

Further information [pages 87-88] (675 words)

Copies of relevant statutes can be obtained online at: www.legislation.gov.uk. ...
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