A promise unfulfilled

Article Abstract:

A UK Court of Appeals case demonstrates that employers are in danger of having employees sue for and receive damages for claims of both unfair dismissal and wrongful discharge. The employee's offer-of-employment letter stated that the employee would become managing director within two years, and the employer reiterated this promise after the employee was hired. The court found that the discharge was was unfair and was handled in an insensitive and inept manner, and it ordered the employer to reinstate the employee and compensate the employee for the period of unemployment. The employee then claimed wrongful dismissal because the employer had failed to give the appropriate notice of termination.

United Kingdom, Unfair labor practices, Breach of contract, Actions and defenses, Litigation, United Kingdom. Court of Appeal, column

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Failure to follow a proper dismissal procedure

Article Abstract:

Employer failure to follow proper personnel management procedure does not necessarily make an employee's dismissal unfair. Two British court cases, one involving misconduct, the other, redundancy, are described to illustrate the point that when the reasonableness of the employer's decision is unaffected by procedural flaws, termination may be justified. How reasonable the employer's decision may be is affected by whether or not appropriate information has been gathered and evaluated.

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Failure to follow correct procedure in a dismissal (includes related article on U.K. dismissal litigation)

Article Abstract:

Diane Dietman won a suit in 1977 for wrongful dismissal against the London Borough of Brent. The disciplinary procedure in Dietman's contract of employment was not followed. The decision against the employer was upheld by the Court of Appeal in Feb 1988.

Analysis, Human resource management, Political aspects, London, England, London

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