Fair Dismissal
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Fair Dismissal
Unfair dismissal in the United Kingdom is the part of UK labour law that requires fair, just and reasonable treatment by employers in cases where a person's job could be terminated. The Employment Rights Act 1996 regulates this by saying that employees are entitled to a fair reason before being dismissed, based on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other substantial reason. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for becoming pregnant, or for having previously asserted certain specified employment rights. Otherwise, an employee must have worked for two years. This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason. The Employment Tribunal will judge the reasonableness of the employer's decision to dismiss on the standard of a "band of rea ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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Disability Discrimination Act 1995
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport. The DDA is a civil rights law. Other countries use constitutional, social rights or criminal law to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission. History The Act was the culmination of a public campaign, and at least 100,000 people in demonstrations, to force the government to end state and business discrimination against disabled people. While the Race Relations Act 1976 and the Sex ...
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W Devis & Sons Ltd V Atkins
W, or w, is the twenty-third and fourth-to-last letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. It represents a consonant, but in some languages it represents a vowel. Its name in English is ''double-u'',Pronounced in formal situations, but colloquially often , , or , with a silent ''l''. plural ''double-ues''. History The classical Latin alphabet, from which the modern European alphabets derived, did not have the "W' character. The "W" sounds were represented by the Latin letter " V" (at the time, not yet distinct from " U"). The sounds (spelled ) and (spelled ) of Classical Latin developed into a bilabial fricative between vowels in Early Medieval Latin. Therefore, no longer adequately represented the labial-velar approximant sound of Germanic phonology. The Germanic phoneme was therefore written as or ( and becoming distinct only by the Early Modern period) by ...
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Clarke V Trimco Group Ltd
Clarke is a surname which means "clerk". The surname is of English and Irish origin and comes from the Latin . Variants include Clerk and Clark. Clarke is also uncommonly chosen as a given name. Irish surname origin Clarke is a popular surname in Ireland. The Irish version of the surname is believed to have come from County Galway and County Antrim and spread to County Donegal and County Dublin. The name is derived from the Irish Gaelic sept , meaning "clerk". English surname origin Clarke, as well as Clark, is also a widespread surname in England. The English version is of Anglo-Saxon origin and was used in the Middle Ages for the name of a scribe or secretary. The word "clerc", which came from the pre-7th century Old English (meaning priest), originally denoted a member of a religious order, but later became widespread. In the Middle Ages, virtually the only people who could read and write were members of religious orders, linking the word with literacy. Thus the surname bec ...
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Smith V Glasgow City District Council
''Smith v Glasgow City District Council'' 987ICR 796 is a UK labour law case, concerning unfair dismissal on the requirement for an employer to state a main reason for a dismissal. Facts Mr Smith claimed his dismissal from the Glasgow City District Council Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated popul ...’s Building and Works Department, after three complaints, and a majority decision by a special committee that he had to go, was unfair. A letter to him had set out three reasons that (i) he unduly expanded the workforce (ii) he failed to respond to legitimate requests (iii) he was irresponsible in not getting written instructions before spending money on expanding and recruiting. The Tribunal found the second complaint was unfounded, but the dismissal was fair in any case. ...
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Hotson V Wisbech Conservative Club
Hotson is an English surname. Notable people with the surname include: * Howard Hotson, British historian * J Leslie Hotson (1897–1992), Shakespearean scholar * John Ernest Buttery Hotson Sir John Ernest Buttery Hotson, KCSI, OBE, VD (17 March 1877 – 13 May 1944) was an administrator in India during the British Raj. Born in Glasgow to Hamilton and Margaret (Maggie) Hotson, he was educated at Edinburgh Academy (1889–1895) and ...
(1877–1944), Governor of Bombay {{Surname ...
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Abernethy V Mott, Hay & Anderson
Abernethy may refer to: Places Scotland * Abernethy, Perth and Kinross, a village ** Abernethy (NBR) railway station, a former railway station in this village * Nethy Bridge, Highland, a village formerly known as Abernethy * Abernethy Forest, a forest and national nature reserve * Presbytery of Abernethy, part of the Church of Scotland Elsewhere * Abernethy, New South Wales, Australia, a town * Rural Municipality of Abernethy No. 186, Saskatchewan, Canada ** Abernethy, Saskatchewan, a village * Abernethy Flats, a gravel plain in Antarctica Other uses * Abernethy (surname) * Lord of Abernethy, a Scottish title of nobility * Abernethy (charity) * Abernethy Road, in Hazelmere, Perth, Western Australia * Abernethy Bridge, Oregon, United States spanning the Willamette River * Abernethy biscuit, developed by London surgeon John Abernethy * ''Abernethy v Mott, Hay and Anderson'', a 1974 UK labour law case See also * Meg of Abernethy (1355–1405), Scottish harper at the royal court ...
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Maund V Penwith District Council
The maund (), mun or mann (Bengali: ; Urdu: ) is the anglicized name for a traditional unit of mass used in British India, and also in Afghanistan, Persia, and Arabia:. the same unit in the Mughal Empire was sometimes written as ''mann'' or ''mun'' in English, while the equivalent unit in the Ottoman Empire and Central Asia was called the ''batman''. At different times, and in different South Asian localities, the mass of the maund has varied, from as low as 25 pounds (11 kg) to as high as 160 pounds (72½ kg): even greater variation is seen in Persia and Arabia... History In British India, the maund was first standardized in the Bengal Presidency in 1833, where it was set equal to 100  Troy pounds (82.28  lbs. av.). This standard spread throughout the British Raj.. After the independence of India and Pakistan, the definition formed the basis for metrication, one maund becoming exactly 37.3242 kilograms.. A similar metric definition is used i ...
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St Anne's Board Mill Co Ltd V Brien
ST, St, or St. may refer to: Arts and entertainment * Stanza, in poetry * Suicidal Tendencies, an American heavy metal/hardcore punk band * Star Trek, a science-fiction media franchise * Summa Theologica, a compendium of Catholic philosophy and theology by St. Thomas Aquinas * St or St., abbreviation of "State", especially in the name of a college or university Businesses and organizations Transportation * Germania (airline) (IATA airline designator ST) * Maharashtra State Road Transport Corporation, abbreviated as State Transport * Sound Transit, Central Puget Sound Regional Transit Authority, Washington state, US * Springfield Terminal Railway (Vermont) (railroad reporting mark ST) * Suffolk County Transit, or Suffolk Transit, the bus system serving Suffolk County, New York Other businesses and organizations * Statstjänstemannaförbundet, or Swedish Union of Civil Servants, a trade union * The Secret Team, an alleged covert alliance between the CIA and American indus ...
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ERA 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of ...
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Adams V Derby City Council
Adams may refer to: * For persons, see Adams (surname) Places United States * Adams, California *Adams, California, former name of Corte Madera, California *Adams, Decatur County, Indiana *Adams, Kentucky *Adams, Massachusetts, a New England town **Adams (CDP), Massachusetts, the central village in the town * Adams, Minnesota *Adams, North Dakota * Adams, Nebraska *Adams, New Jersey *Adams (town), New York **Adams (village), New York, within the town *Adams, Oklahoma *Adams, Oregon *Adams, Pennsylvania, a former community in Armstrong County * Adams, Tennessee * Adams, Wisconsin, city in Adams County *Adams, Adams County, Wisconsin, town *Adams, Green County, Wisconsin, town *Adams, Jackson County, Wisconsin, town * Adams, Walworth County, Wisconsin, unincorporated community * Adams Center, Wisconsin, a ghost town Elsewhere * Adams (lunar crater) * Adams (Martian crater) * Adams Island, New Zealand, one of the Auckland Islands *Adams, Ilocos Norte Transportation ;Vehicles * Ada ...
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Constructive Dismissal
In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination. For example, when an employer places extraordinary and unreasonable work demands on an employee to obtain their resignation, this can constitute a constructive dismissal. The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer. The employee may resign over a single serious incident or over a pattern of incidents. Generally, a party seeking relief must have resigned soon after an unreasonable situation was imposed. United States law In the United States, constructive discharge is a general term describing the involuntary resignation of an ...
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