9 Termination of Employment (Part 2)

Wrongful dismissal Employer terminates contract of employment In terminating contract employer breaches the contract

Differences between unfair and wrongful dismissal Basis Right to claim Time limit Damages Court/employment tribunal Consideration of future loss Remedy

Summary dismissal Employer terminates contract without giving period of notice Gross misconduct

Redundancy Reasons: The fact that the employer has ceased, or intends to cease, to carry on the business for the purposes for which the employee was employed. The fact that the employer has ceased, or intends to cease, to carry on that business in the place where the employees were employed. The fact that the requirement of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where they were employed, has ceased or diminished or is expected to cease or diminish.

Consultation When proposals are at a formative stage Information must be given Employee representatives to be elected Aim to reduce number of redundancies Collective consultation – 30 days if 20–99 employees, 90 days if 100+ employees

Selection for redundancy Pool Selection criteria Last in, first out (LIFO) Objective as possible

Dismissal Individual consultation DDP Statutory redundancy payment

Alternative employment Suitable Trial period

Transfer of the undertaking The transfer of an economic entity that retains its identity A change of service provision in which: Activities are currently carried out by one person on his own behalf, and transfer to another person on the client’s behalf Activities are currently carried out by one contractor and are then transferred to another contractor An organisation decides to carry out activities itself that are currently carried out by a contractor

Protection All terms and conditions of employment transfer to the new employer (including continuity of service) Dismissal relating to a transfer is automatically unfair Economic, technical or organisational (ETO) reason

Consultation Employee representatives to be elected Information must be supplied to representatives Exchange of information from transferor to transferee