Written reasons for dismissal

Article Abstract:

Section 53 of the UK Employment Protection (Consolidation) Act of 1978 gives employees with a minimum of six months employment continuity the right to receive written reasons for dismissal. If the reasons are not provided within two weeks, the employees have the right to complain to an industrial tribunal. The reasons are admissible before tribunals because the law was written to give employees knowledge of the case against them when claiming unfair dismissal. Failure to supply reasons will result in two weeks wages being levied and a declaration of reasons for dismissal, if warranted. The Employment Act of 1989 extends the period for qualification of written reasons to two years, though this provision is not yet in force. There is a three month time limit for requesting written reasons, but if unfair dismissal is being charged, a request can be made at any time after dismissal.

Human resource management, Labor law

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Transfers: the European dimension

Article Abstract:

Litster versus Forth Estuary Engineering Ltd, a 1989 Common Market law, defines conditions of a business transfer. Litster requires that a company must have agreed to sell to a new company its assets and equipment. When a business meets that condition and has changed ownership, the business' employees must be transferred to the new company and must maintain the same terms and conditions established by the initial company. The UK Transfer of Undertakings Regulations 1981 (TOUR), under which Litster falls, requires that if employee transfer regulations are to apply, employees must be employed with the initial company immediately prior to the transfer or cannot have been 'unfairly dismissed.

Cases, Economic policy, Employee relocation, European Union. Court of Justice of the European Communities

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