Corporate and Business Law (ENG). 2 Section C: Employment Law Designed to give you knowledge and application of: C1. Contract of employment C2. Dismissal.

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Presentation transcript:

Corporate and Business Law (ENG)

2 Section C: Employment Law Designed to give you knowledge and application of: C1. Contract of employment C2. Dismissal & redundancy

3  Distinguish between wrongful & unfair dismissal including constructive dismissal.  Explain what is redundancy.  Discuss the remedies available to those who have been subject to unfair dismissal or redundancy. Learning Outcomes C2: Dismissal & redundancy

4 Wrongful, unfair & constructive dismissal Dismissing an employee without giving notice or without following the procedure required by contract Wrongful Dismissal Dismissal of employee by unfair procedure or for invalid reasons Unfair dismissal Employee resigns because of fundamental breach of employment contract by employer Constructive dismissal Grounds upon which an employee can claim unfair dismissal Trade union reasons Pregnancy or childbirth For making a protected disclosure In relation to health and safety issues For asserting a statutory right

5 Redundancy: Dismissal of employee due to closure of the business or the workplace of employee Reasons for dismissal caused by redundancy The need for worker has diminished or ceased New systems in the workplace The workplace has closed or is closing down The business moves The business is transferred to another employer The job no longer exists because other workers are doing work the redundant employee carried out.

6 Basic Award Compensation given when employee has been dismissed Compensatory Award given for financial loss suffered by the employee due to dismissal Additional / Special Award by the tribunal Return to the same job without any break of continuity with no loss of money Re-instatement Offer of new employment with the employer Re-engagement If reinstatement or re-engagement is not ordered by the tribunal then the tribunal may award compensation Compensation Remedies available for unfair dismissal & redundancy

7 Recap  Distinguish between wrongful & unfair dismissal including constructive dismissal.  Explain what is redundancy.  Discuss the remedies available to those who have been subject to unfair dismissal or redundancy.