Redundancy Statutory remedy under ERA 1996 Meaning see pg. 121 Procedure see pg.122 Consultation process pg.121 30 days (20 – 99 employees) 45 days (100 or more employees)
Case law European Chefs Catering v Currell (1971) Vaux & Assocs. Breweries v Ward (1969) Remedies Damages (basic award see pg. 120) Suitable alternative employment
Two points to consider: Is it suitable? Was it unreasonable refused? employee’s skills and working conditions family earnings age, health, gender NB: burden of proof on employer See Taylor v Kent County Council (1969) pg. 123
Unfair Dismissal Statutory right under ERA 1996 How it operates see table pg. 115 The five fair reasons to dismiss see pg.117 Reasonableness of the employer See s: 98 (4) ERA 1996 and Polkey v Dayton pg. 118 serious to justify dismissal reasonable procedure adopted
Inadmissible reasons to dismiss Automatically unfair reason pg. 119 Victimisation Pregnancy TU membership Assertion of a statutory right Unfair selection for redundancy
Remedies for unfair dismissal Reinstatement Re-engagement Damages - Basic award (same as redundancy) pg. 120 Compensatory award Additional award Test your understanding no. 4
Constructive Dismissal The relationship between constructive dismissal and unfair dismissal “ …. was he (the employee) pushed or did he jump” See Keegan v Newcastle United FC pg. 116 NB: Acceptance of the breach see Cox v Crook pg. 117