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