Dismissals

Description

Flashcards on Dismissals, created by hevspider on 06/10/2014.
hevspider
Flashcards by hevspider, updated more than 1 year ago
hevspider
Created by hevspider about 10 years ago
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Resource summary

Question Answer
Unfair dismissal Section 94 Employment Rights Act 1996 94 The right. (1)An employee has the right not to be unfairly dismissed by his employer.
Summary dismissal Dismissal without notice. On the spot. Can be wrongful and unfair
Constructive dismissal Employer breaches contract and employee resigns in response Can be unfair, wrongful or discriminatory Can be automatically unfair
Wrongful dismissal Dismissal without notice or otherwise in breach of contract section 86 ERA contractual notice
Discriminatory dismissal section 39 Equality Act 2010
Automatically unfair dismissal There are certain situations in which the dismissal by an employer for a specific reason will be treated as being automatically unfair. The category of reasons which qualify for this special protection has been extended to cover a wide variety of different circumstances. eg: taking leave for family reasons (ERA 1996 s 99) performing certain health and safety activities (ERA 1996 s 100)
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