Dismissal
- Express dismissal
- Non-renewal of limited-term contracts
- Constructive dismissal
- Non-dismissals
Exclusions from right to claim
- Employees only
- Continuous service threshold
- Illegality
- Diplomatic and state immunity
- Working abroad
- Special categories of worker
- Settlements and contracting out
- Time limits
Unfairness
- Reason for dismissal
- Reasonableness of dismissal
- Fairness of internal procedure
- Automatically fair and unfair dismissals
Capability and qualifications
- Definitions
- Establishing lack of capability
- Reasonableness
- Procedural factors
Sickness and disability
- Long-term sickness
- Persistent short-term absences
- Alternative employment
- Other relevant factors
- Particular types of sickness or disability
- Miscellaneous considerations
Conduct
- Absenteeism and lateness
- Abusive language
- Disloyalty
- Disobedience
- Drinking, drugs and smoking
- Employee’s attitude
- Personal appearance
- Sleeping on duty
- Theft and dishonesty
- Criminal offences outside of employment
- Unauthorised use of computers
- Violence and fighting
- Disciplinary proceedings
Statutory ban
- Establishing the reason
- Reasonableness
- Driving bans
Some other substantial reason
- Business reorganisations
- Protecting employers’ interests
- Third party pressure to dismiss
- Expiry of a limited-term contract
- Miscellaneous reasons
Retirement
- Statutory retirement procedure
- Retirement as reason for dismissal
- Fairness of retirement dismissals
- Default retirement age
Automatically unfair dismissals
- List of automatically unfair reasons
- Different rules applicable to automatically unfair dismissals
- Dismissal in connection with jury service
- Dismissal for refusing to work on Sunday
- Dismissal of employee representatives
- Dismissal in connection with occupational pensions
- Dismissal in connection with tax credits
- Dismissals relating to study and training
- Dismissal relating to trade union blacklists
Health and safety dismissals
- Scope of protection
- Health and safety representatives
- Employees who are not health and safety representatives
Dismissal for asserting a statutory right
- Assertion of a statutory right
- Requirement of good faith
- Reason for dismissal
Whistleblowing dismissals
- Disclosure of information
- Qualifying disclosures
- Method of disclosure
- Reason for dismissal
- Injury to feelings
Remedies
- Reinstatement and re-engagement
- Compensation
Basic awards
- Calculation of basic award
- Reductions in basic awards
- Settlements and ex gratia payments
- Order of deductions
Compensatory awards: types of loss
- Nature and maximum amount of award
- Immediate loss
- Future loss
- Expenses
- Loss of statutory rights
- Pension loss
- Interest
Compensatory awards: pension loss
- Tribunal Guidelines
- Types of pension
- The “simplified loss” approach
- The “substantial loss” approach
Compensatory awards: adjustments and deductions
- Adjustments for breach of Acas Code of Practice
- Contributory conduct
- “Just and equitable” amount
- “Polkey” deductions
- Failure to mitigate losses
- Order of adjustments and deductions
- Drafting schedules of loss
Additional awards and interim relief
- Additional awards
- Interim relief
Recoupment
- Scope of Recoupment Regulations
- Recoupment procedure
- Protective awards
Written reasons for dismissal
- Entitlement
- Employer’s obligation
- Ground for complaint
- Remedies