Unfair dismissal

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Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Practice notes
Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Practice notes
Three months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the employment tribunal within...
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9th Nov
Precedents
[To be typed on headed notepaper of employer][Date]Dear [insert name of employee],Re: [insert name of employer] (the Company)Following our most recent...
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9th Nov
Precedents
[Insert date][Insert] Employment Tribunal[Insert address]To the [insert] Employment Tribunal[Insert name of case, eg X v Y]Claim Number: [insert claim...
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9th Nov
Practice notes
Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...
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9th Nov
Precedents
1Introductions of those present if necessary. Confirm who is taking notes and that copies of the meeting notes will be made available to the...
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9th Nov
Practice notes
For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by...
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9th Nov
Precedents
[Strictly private and confidential][Address][Date]Dear [enter name(s) of relevant individual(s) at the transferor],Proposed transfer of [enter...
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9th Nov
Precedents
[To be typed on employer’s headed notepaper][Enter name and address of employee][Enter date]by handDear [enter name]Garden leaveI refer to [[enter...
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9th Nov
Practice notes
All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...
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9th Nov
Precedents
BREXIT IMPACT: The drafting and enforcement of the applicable law (governing law) and jurisdiction clause in this Precedent may be affected by Brexit....
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9th Nov
Practice notes
Coronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment Regs 2020),...
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9th Nov
Practice notes
An employee is entitled to a statutory redundancy payment when:•he has been continuously employed for not less than two years•he has been dismissed,...
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9th Nov
Practice notes
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will...
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9th Nov

Most recent Unfair dismissal content

Practice notes
Reason for dismissal—some other substantial reasonEven if the reason for dismissal does not fall within one of the specific potentially fair reasons...
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15th May
Practice notes
Redundancy—fair procedure: collective consultationThis Practice Note contains guidance on what constitutes a fair procedure to be followed where:•an...
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15th May
Practice notes
Without prejudice and pre-termination negotiations in employmentCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and...
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15th May
Practice notes
Procedural fairnessEven where an employer can establish that the reason for dismissal is potentially fair, the dismissal may be found to have been...
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15th May
Practice notes
Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...
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15th May
Practice notes
Interim relief in unfair dismissalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...
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15th May
Practice notes
Entitlement to claim unfair dismissalThe right not to be unfairly dismissed is a purely statutory right arising under section 94 of the Employment...
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15th May
Practice notes
Reason for dismissal—conductIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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15th May
Practice notes
Reason for dismissal—redundancyRedundancy is a potentially fair statutory reason for dismissal.However, as with other potentially fair reasons, the...
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15th May
Practice notes
Reason for dismissal—breach of enactmentOne of the potentially fair reasons for dismissal is that the employee could not continue to work in the...
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15th May
Practice notes
ReinstatementCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (Week’s Pay Amendment...
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15th May
Practice notes
Reason for dismissal—capabilityReasons that relate to capability and qualifications are potentially fair reasons for dismissal. Capability is defined,...
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15th May
Practice notes
Effective date of terminationWhere a qualifying period of employment is required to bring an unfair dismissal claim (see Practice Note: Entitlement to...
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15th May
Practice notes
The basic awardIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following...
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15th May
Practice notes
Calculating pension loss in employment tribunal claimsPension loss will generally only arise in cases where an individual has lost their job and the...
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Produced in partnership with Keith Bryant QC of Outer Temple Chambers. 15th May
Practice notes
Redundancy—fair procedure: individual consultationWhere there is no statutory obligation to consult with any existing employee representatives (see...
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15th May
Practice notes
Automatically unfair reasonsOnce it has been established that a claimant has the right to bring an unfair dismissal claim (see Practice Notes:...
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15th May
Practice notes
Reason for dismissal—generalOnce it is established that a claimant has the right to bring an unfair dismissal claim—in other words, that they were an...
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15th May
Practice notes
Unfair dismissal remedies—generalCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020...
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15th May
Practice notes
Unfair dismissal time limitThree months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the...
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15th May

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