E.L

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  • Unfair Dismissal
    • Reasonableness
      • Tribunal decides this
      • S.98(4) Test
        • Fairness of reason
          • Whether in the circumstances... the employer acted reasonably
          • Merit of the decision
            • Basic test
              • Iceland v Jones
                • Range/Band of Reasonable Responses Test
                  • Tribunal must consider the reasonableness of the employer's conduct, not simply what they consider the dismissal to be fair
              • Would a reasonable employer have dismissed for that reason?
                • Merit of the decision
                  • Basic test
                    • Iceland v Jones
                      • Range/Band of Reasonable Responses Test
                        • Tribunal must consider the reasonableness of the employer's conduct, not simply what they consider the dismissal to be fair
                    • Would a reasonable employer have dismissed for that reason?
          • Fairness of procedure
            • Polkey v Dayton Services Ltd
              • An employment tribunal may make a reduction to the amount of compensation awarded to an individual in an unfair dismissal claim where the individual could have been dismissed fairly at a later date or should a proper procedure have been followed.
          • The Burchell Principles
            • Cannot dismiss automatically
            • There must be genuine and honest belief of grounds for dismissal
            • The employer must have carried out a reasonable duty to investigate
      • Disciplinary Procedures
        • ACAS Code
          • ACAS Code of Practice No1: Disciplinary and Grievance Procedures (2009)
            • 1. Letter from the employer setting out the issue
              • 2. A meeting with the employer to discuss the issue
                • The ability to appeal the employer's decision
      • Re-employment
        • S.112
          • Reinstatement and re-engagement
            • Primary remedies where the employee wants to be re-employed
        • If this is available and employee unreasonably refuses- Compensation can be reduced
      • Remedies
        • Re-instatement
        • Re-engagement
        • Compensation
          • Basic award calculation
            • Age, length of service and gross weeks pay
          • Ordinary unfair dismissal- £86,444
          • Calculating statutory redundancy payments
            • £525
      • ACAS is used to investigate fair procedure

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