16: Termination of Employment Flashcards
What are the two separate but overlapping types of claim on termination of employment recognised by UK employment law?
Wrongful dismissal and unfair dismissal.
What is the reason for the majority of dismissals?
Redundancy.
What is an employee entitled to if made redundant?
A statutory redundancy payment.
What is a wrongful dismissal claim?
A claim for breach of contract, because the employer has not terminated the employment contract in accordance with its terms.
What is an implied term in most employment contracts regarding termination notice where no period of notice is stated?
Each party is entitled to be given reasonable notice of termination by the other.
How long is the statutory minimum notice period according to s86?
Up to two years: at least one week’s notice;
Between two and 12 years: one week’s notice for each year of continuous employment;
More than 12 years: 12 weeks’ notice.
What is a fixed-term contract and what if it is terminated early without notice?
A contract that has a specified end date, and if terminated early without notice, may entitle the employee to claim wrongful dismissal.
What is required from the conduct of the employer for an unfair dismissal claim?
The employer must not have acted reasonably and followed appropriate procedures.
What constitutes immediate dismissal for gross misconduct?
Conduct by the employee that is a repudiatory breach of the contract, such as theft.
What is the employer entitled to do if an employee commits gross misconduct?
Terminate the contract immediately without notice.
What governs statutory unfair dismissal?
Employment Rights Act 1996 (ERA 1996).
What happens if an employee resigns without giving the required notice?
They may be liable to pay damages to their employer for breach of contract.
Can an employee resign and still claim for wrongful dismissal?
Yes, if the employer has committed a repudiatory breach.
What is a repudiatory breach by the employer?
A serious breach such as failing to pay the employee or undermining the implied duty of mutual trust and confidence.
What is a remedy for wrongful dismissal?
Claiming damages to put the employee back in the position they would have been if the contract had been properly performed.
What is specific performance in employment contracts?
It is not available, meaning the employer will not be ordered to reinstate the employee.
What does PILON stand for and what is its advantage?
Payment in Lieu of Notice; allows the employer to terminate the contract immediately by making the required payment.
Are statutory claims for unfair dismissal available to workers who are not employees?
No, they are only available to employees.
What is an unfair dismissal claim?
A statutory claim under ERA 1996 focusing on the employee’s right to be treated fairly.
What is the difference between a wrongful dismissal and an unfair dismissal?
Wrongful: contractual reason
Unfair: statutory reason under ERA 1996
What must an employee prove in an unfair dismissal claim?
That they are eligible and have been dismissed for one of the five permitted reasons.
What are the two separate but overlapping types of claim on termination of employment recognized by UK employment law?
Wrongful dismissal and unfair dismissal.
What makes a dismissal for redundancy unfair?
If the employer has failed to act reasonably.
What is required for an unfair dismissal claim?
The employer must not have acted reasonably and followed appropriate procedures.