1. 9 Termination of Employment
(Part 2)

2. Wrongful dismissal Employer terminates contract of employment
In terminating contract employer breaches the contract

3. Differences between unfair and wrongful dismissal
Basis
Right to claim
Time limit
Damages
Court/employment tribunal
Consideration of future loss
Remedy

4. Summary dismissal
Employer terminates contract without giving period of notice
Gross misconduct

5. Redundancy
Reasons:
The fact that the employer has ceased, or intends to cease, to carry on the business for the purposes for which the employee was employed.
The fact that the employer has ceased, or intends to cease, to carry on that business in the place where the employees were employed.
The fact that the requirement of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where they were employed, has ceased or diminished or is expected to cease or diminish.

6. Consultation When proposals are at a formative stage
Information must be given
Employee representatives to be elected
Aim to reduce number of redundancies
Collective consultation – 30 days if 20–99 employees, 90 days if 100+ employees

7. Selection for redundancy
Pool
Selection criteria
Last in, first out (LIFO)
Objective as possible

8. Dismissal
Individual consultation
DDP
Statutory redundancy payment

9. Alternative employment
Suitable
Trial period

10. Transfer of the undertaking
The transfer of an economic entity that retains its identity
A change of service provision in which:
Activities are currently carried out by one person on his own behalf, and transfer to another person on the client’s behalf
Activities are currently carried out by one contractor and are then transferred to another contractor
An organisation decides to carry out activities itself that are currently carried out by a contractor

11. Protection
All terms and conditions of employment transfer to the new employer (including continuity of service)
Dismissal relating to a transfer is automatically unfair
Economic, technical or organisational (ETO) reason

12. Consultation Employee representatives to be elected
Information must be supplied to representatives
Exchange of information from transferor to transferee