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Unfair Dismissal And Remedies Notes

BPTC Law Notes > Employment Law Notes

This is an extract of our Unfair Dismissal And Remedies document, which we sell as part of our Employment Law Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Unfair Dismissal EligibilityIndividual must: o Be an employee (not SE or a worker) o Have the relevant continuous employment - i.e., when employment began
? Before 6th April 2012 - 1 year
? After 6th April 2012 - 2 years o Commence the claim within 3 calendar months of dismissal
? 3 months of EDT ("effective date of termination")
? Date of dismissal...jump back 1 day and add 3 months
? Date of dismissal, not date of appeal unless contract provides for continuing service until determination of appeal o Not be an excluded category
? E.g. police, armed forcesEDT

o Can be:
? When notice expires (if given)
? Date of dismissal if not notice
? Date of PILON payment
? Expiry of fixed term contract o Possible to extend?
? At tribunal discretion - unusual
? Test:
? Not reasonable and practicable to present within 3 months
? C to prove
? Present claim within such further period as the Tribunal considers reasonable in order for an extension Dismissal?Express, with or without notice Expiry of fixed term contract Constructive dismissal, e.g.: o Reduction in pay - Industrial Rubber Products v Gillon o Complete change in nature of job - Ford v Milhorn Toleman Ltd.

Fairness - limb 1?

5 acceptable reasons to dismiss IF not one of the reasons, dismissal is unfair o Capability
? Qualifications lacking
? Illness prevents work
? Incompetence o Conduct
? Need not be gross misconduct
? Can include conduct outside working hours o Redundancy
? Job or place of work goes o Illegality

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