Constructive dismissal claims
Article Abstract:
Constructive dismissal is the indirect dismissal of employees by their employers based on the employer's conduct. These dismissals may be facilitated by employees with or without prior notice, in situations that permit an independent decision to terminate. Employers being pursued by former employees for constructive dismissal claims must be prepared to answer the queries of an industrial tribunal regarding employer conduct. According to the UK's Employment Protection (Consolidation) Act 1978, Section 55(2), employees may be legally dismissed based on either of three ways: termination as a result of employer decision, the expiration and non-resumption of contracts with fixed terms, and termination as a result of employee decision. Several cases are used to illustrate various rulings on constructive dismissal claims.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1992
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When a dismissal is 'reasonable'
Article Abstract:
Legal aspects of employee dismissal in Great Britain are discussed, along with supporting information from court cases. Fairness in dismissals is found to depend on individual circumstances. The House of Lords has made it clear that fairness depends not on fair treatment of the worker, but on the employer's actions being reasonable. Courts have generally found that there must be grounds for dismissal, such as stock losses. When an employee group is let go, all in that group must have been capable of committing the act in question. An entire group may be dismissed when one guilty party cannot be identified.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1988
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Dismissal on health grounds
Article Abstract:
Employers in the UK seeking to dismiss employees on the basis of health reasons upon termination of sick pay must take into account agreements in employment contracts requiring full contractural notice. Employers must obtain medical information to ascertain any connections between seemingly unrelated illnesses in order to preclude the possibility of making unfair dismissals.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1989
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