A more recent version of these Unfair Dismissal Sheet notes – written by City Law School students – is available here.
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 SHEET
NOTICE PERIOD a) Where contract doesn't stipulate a notice period, then at common law 'reasonable' notice must be given b) Reasonable notice based on status, length of service of the employee, custom and trade and any other relevant factors c) WHERE CONSTRUCTIVE DISMISSAL: employee has to give at least a week's notice
ELIGIBILITY a) Needs to be an employee with at least 2 years continuous employment where the date of commencement is on or after 6 April 2012; one year before then b) Employee is they work under a contract of employment c) Can claim even if over 65 and no minimum age d) Excluded jobs p.120 (v. unlikely to be relevant)
CONTINUITY a) Presumption that continuity of employment exists until employer proves to the contrary b) P. 121 City c) A gap of a week or more will suffice where the contract of employment no longer subsists d) SICKNESS - first 26 weeks of sickness count towards continuity
1. There must have been a dismissal, meaning: i) termination by employer, with/without notice ii) expiry of a fixed-term contract without renewal iii) constructive dismissal
Buy the full version of these notes or essay plans and more in our Employment Law Notes.