Claims and Settlements for Termination PowerPoint presentation produced by Dr Peter Jepson using ‘Employment Law Made Easy’ by Melanie Slocombe [Lawpack.

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Presentation transcript:

Claims and Settlements for Termination PowerPoint presentation produced by Dr Peter Jepson using ‘Employment Law Made Easy’ by Melanie Slocombe [Lawpack 2004)

Unfair Dismissal Dismissal of an employee without good reason, or without following a fair procedure, is likely to be unfair and liable to an unfair dismissal claim at an Employment Tribunal.

Unfair Dismissal To bring a claim an employee must have been employed under a C of E for 12 months continuously from the age of 18. The rules for assessing what is continuous employment are in s of ERA 1996.

Unfair Dismissal The effective date of termination is the date the notice to terminate the C of E expires (fixed-term contract = date of contract expiration). A claim MUST be brought within 3 months of dismissal (rarely extended - but can be).

Unfair Dismissal It is now important for complainants to ET’s to first exhaust the employers appeals/grievance process. If you decline to appeal - it is possible that any claim could be struck out before it starts.

Unfair Dismissal List and discuss - openly in class - the various reasons (shown on pages ) that enable a claim to be brought without a 12 month qualifying period - or that could be found to be automatically unfair.

Dismissal What is the difference between ‘Unfair’ and ‘Wrongful Dismissal’?

Break into Law Firms to read, discuss and then present … (1) The Basic and Compensatory Award for Unfair Dismissal (pages 153-4) (2) Redundancy and the award available (pages 155-7_ How settlements and arbitration works (pages 157-8)