Employment Law- Termination
- Created by: viktorijalenk
- Created on: 08-05-19 00:47
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- Termination of employment
- Difficulties with actual dismissal
- Morton v Sundour Fabrics Ltd v Shaw
- S.95(2)
- If employer gives a fixed date and employee leaves early= dismissal by employer
- Stern v Simpson
- Ambiguous language in the heat of the moment is not a dismissal
- Martin v Yeoman Aggregates Ltd
- Must retract words of dismissal promptly
- Lawful termination (4 ways)
- PILON
- Express term permits it
- Benefit of a PILON where there are restrictive covenants- WD can make them unenforceable
- Action for debt
- No duty to mitigate loss
- If employee has right to PILON
- Abrahams v Performing Right Society
- If employee has right to PILON
- No duty to mitigate loss
- Action for damages
- With duty to mitigate loss
- Gross misconduct
- No evidence of breach at the time
- Boston Deep Sea Fishing
- Repudiated the contract
- No evidence of breach at the time
- Lawful notice given
- S.86(1)
- Min. notice period if employed for one month or more
- One weeks notice if employed for less than two continuous years
- One week's notice for each year of continuous employment where employment is two years or more but > 12 years
- 12 weeks notice period if employed for 12 years or more
- Min. notice period if employed for one month or more
- No contractual right to be dismissed fairly
- Fosca Services Ltd v Birkett
- Gunton v Richmond on Thames
- An injunction may be granted to stay a dismissal until a disciplinary procedure is followed if compliance with procedure is a contractual right
- S.86(1)
- A termination without notice clause in the contract applies
- A dismissal without notice
- Summary Dismissal
- Only lawful if...
- Expressly provided for in contract
- Gross misconduct/gross negligence
- Laws v London Chronicle
- Only lawful if...
- Summary Dismissal
- A dismissal without notice
- PILON
- Constructive Dismissal
- Where the employer commits a repudiatory breach of the contract of employment and the employee accepts this breach by resigning
- Weathersfield v Sargent
- Waltons & Morse v Dorrington
- There is a need to act quick or at least work under protest.
- REMEDY
- ET- 3 month time limit
- Civil Court- 6 year time limit
- Damages
- Calculation of damages
- Section 88
- Establishes that the compensation must be for 'normal working hours'
- Section 88
- Calculation of damages
- Difficulties with actual dismissal
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