SEE NOTES BELOW


NOTES

"DISMISSAL" covers such a wide area that it is dealt with under several separate topics in this program.

For general notes on the definition of "dismissal" for employment law purposes go to Definitions and interpretation/dismissal (which includes notes on circumstances in which what appears to be a resignation can in fact be dismissal).

It should be noted that for the purposes of the legislation requiring consultation before collective redundancies are made, redundancy happens when notice of dismissal is given not when the dismissal becomes effective (see Redundancy/consultation/general and on Junk v Wolfgang Kuhnel, ECJ 2005 ECJ case C-188/03 on 27th January 2005).

In October 2010 the Supreme Court (upholding rulings of the Court of Appeal and the EAT) confirmed that as a general rule, for the purposes of unfair dismissal claims, the effective date of termination (''edt'') of employment of an employee who is dismissed by letter is when the dismissal letter is read by the employee, not when it is sent or when it arrives in the post (Gisda Cyf v Barratt, [2010] UKSC 41 Supreme Court on 13th October 2010). The Supreme Court stressed that relevant common law contract rules appropriate in wrongful dismissal claims are not relevant when considering statute based unfair dismissal claims (see Wrongful dismissal/unfair dismissal and wrongful dismissal compared ).

For notes on specific aspects of "dismissal" select the appropriate topic from the list that follows:-

COMPENSATION .

CONSTRUCTIVE DISMISSAL .

FIXED TERM CONTRACTS .

FRUSTRATION OF CONTRACT .

GARDEN LEAVE .

GOLDEN HANDSHAKES .

INSTANT DISMISSAL ,

MAXIMUM AND MINIMUM TRIBUNAL AWARDS .

NOTICE PERIODS .

REDUNDANCY ,

REPUDIATION OF CONTRACT BY EMPLOYER OR EMPLOYEE .

SUSPENSION OF EMPLOYEE .

UNFAIR DISMISSAL

WRONGFUL DISMISSAL .

WRITTEN REASONS FOR DISMISSAL .

FINISH>
updated October 2010