1. 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)

2. Case law
European Chefs Catering v Currell (1971)
Vaux & Assocs. Breweries v Ward (1969)
Remedies
Damages (basic award see pg. 120)
Suitable alternative employment

3. 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

4. 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 and Polkey v Dayton pg. 118
serious to justify dismissal
reasonable procedure adopted

5. Inadmissible reasons to dismiss
Automatically unfair reason pg. 119
Victimisation
Pregnancy
TU membership
Assertion of a statutory right
Unfair selection for redundancy

6. Remedies for unfair dismissal
Reinstatement
Re-engagement
Damages
- Basic award (same as redundancy) pg. 120
Compensatory award
Additional award
Test your understanding no. 4

7. 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