E.L
- Created by: viktorijalenk
- Created on: 09-05-19 01:08
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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
- Range/Band of Reasonable Responses Test
- 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
- Range/Band of Reasonable Responses Test
- Would a reasonable employer have dismissed for that reason?
- Iceland v Jones
- Basic test
- Merit of the decision
- Iceland v Jones
- Basic test
- 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.
- Polkey v Dayton Services Ltd
- 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
- Fairness of reason
- 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
- 2. A meeting with the employer to discuss the issue
- 1. Letter from the employer setting out the issue
- ACAS Code of Practice No1: Disciplinary and Grievance Procedures (2009)
- ACAS Code
- Re-employment
- S.112
- Reinstatement and re-engagement
- Primary remedies where the employee wants to be re-employed
- Reinstatement and re-engagement
- If this is available and employee unreasonably refuses- Compensation can be reduced
- S.112
- 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
- Basic award calculation
- ACAS is used to investigate fair procedure
- Reasonableness
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