LPC Law Notes Employment Law Notes
A collection of the best LPC Employment notes the director of Oxbridge Notes (a former Oxford law graduate) could find in 2014 after combing through seventeen LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Employment Law notes available in the UK this year. This collection of notes is full...
The following is a more accessible 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:
Eligibility
burden of proof on employee
3 months (-1 day) from day of termination (EDT)
2 years of service for those employed on/after 6th April 2012; 1 year for others
not in an excluded class
Dismissal
burden of proof on employee
non-renewal of fixed-term contract after expiry
actual dismissal
constructive dismissal
Reason for Dismissal (ERA 1996, s98 (2))
burden of proof on employer
what is the reason
is it one of the 5 potentially fair reasons
Fairness of Dismissal (ERA 1996, s98 (4))
test – range of reasonable responses
employer size and resources
equity
sufficiency of reason employer has given
substantial merits
procedure
ACAS code of conduct
Remedies
reinstatement / reengagement (re-hired either in same position or company)
compensation
basic: age factor (/1/1) x gross weekly pay (max 464 from 6th April 2014) x number of complete years in service (max 20) – (EA 2002, s38)
compensatory: immediate loss of net earnings, future losses incl. pension, mitigation, other deductions (max 76,574 from 6th April 2014)
basic/compensatory award can be increased or decreased by up to 25% for unreasonable failure to follow ACAS Code
Other Claims
consider redundancy payment, wrongful dismissal, discrimination
but employee cannot be compensated twice for the same loss
STATE THE CLAIM BEING MADE – Unfair Dismissal
Every employee has the right not to be unfairly dismissed by his employer (s 94 ERA 1996)
CLAIM & LIMITATION | The claim must be made within 3 months of the Effective Date of Termination EDT) (s.111)- or within such time as the Tribunal considers reasonably practicable for the complaint to be presented. This may be extended;
Simon Boyle has complied for the time limit requirement. |
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Eligibility test |
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MUST BE AN EMPLOYEE |
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WHO HAS THE REQUISITE PERIOD OF EMPLOYMENT |
NB if the employee is dismissed without notice but given wages in lieu, the EDT is still the date the employee was told to go. NB2 With a constructive dismissal, the EDT is the date of departure-which is then to be the employee’s acceptance of the repudiation/fundamental breach.
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EXCLUDED CLASSES |
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PRECEDENT |
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Buy the full version of these notes or essay plans and more in our Employment Law Notes.
A collection of the best LPC Employment notes the director of Oxbridge Notes (a former Oxford law graduate) could find in 2014 after combing through seventeen LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Employment Law notes available in the UK this year. This collection of notes is full...
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