Unfair Dismissal

Question 0

Range of reasonable responses

Answer 0

** Subjectivity

Cannot substitute own opinion, there is a range
But using own subjective knowledge.

** Must be real reason which they had at the time (Abernethy v Anderson)

** Case specific

Consider size and resources of business and also consider equity and substantial merits of case (more individual based, better)

Question 1

Four steps

Answer 1

1) dismissed for one of the reasons under s95(1)
2) Potentially fair reason / automatically unfair? S98(1)-(3)
3) substantial fairness - within RORR (Post Office v Foley)
4) Procedural fairness (Polkey)

Question 2

Considerations of procedural unfairness

Answer 2

Fair and proper pre-dismissal procedure under the code

Can adjust damages for non-compliance by 25%

Polkey principle

Question 3

Remedies - why just normally compensation?

Answer 3

Can’t enforce employment contract

MT+C battered to seat band irreparable

Physically possible, stigma, could be treated badly again etc.

Often career ending - just want compensation