Nb Nowadays, such cases might be argued as discrimination (Religion or belief, and/or sexual orientation). Note that in Smith v Safeway Plc [1996] IRLR 456 (CA) it was held not to be sex discrimination to require men to appear differently from women (tidy long hair/tidy short hair).
Nb Nowadays, such cases might be argued as discrimination (Religion or belief, and/or sexual orientation). Note that in Smith v Safeway Plc [1996] IRLR 456 (CA) it was held not to be sex discrimination to require men to appear differently from women (tidy long hair/tidy short hair).
(v) Dishonesty
Adegbola v Marks & Spencer [2013] EWCA Civ 1808 Misuse of staff discount card warranted dismissal
(c) Redundancy
(d) Contravention of a Statutory Enactment (s.98(2)(d))
This is a factual question, not a question of the employer’s reasonable belief
Bouchaala v Trust House Forte Hotels Ltd [1980] ICR 721, (EAT). See also Hounslow London Borough Council v Klusova [2007] EWCA Civ 1127, [2008] ICR 396 (CA).
(e) Some Other Substantial Reason
Section 98(1)(b) provides a further potentially fair reason for dismissal, namely ‘some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which that employee held’
Business reorganisations and ‘sound business reasons’
Hollister v National Farmers’ Union [1979] ICR 542 (CA)
Clash of personalities
Treganowan v Robert Knee & Co Ltd [1975] ICR 405 (DC)
Pressure from Third Party
Henderson v Connect (South Tyneside) [2010] IRLR 466 (EAT)
REMEDIES
(a) Reinstatement and re-engagement
(b) Basic Award
Basic award
The basic award compensates an applicant for the loss of his job security.
ERA 1996, s 119: Take the number of continuous years of employment (max 20) and calculate thus::
(a) one and a half weeks’ pay* for a year of employment in which the employee was not below the age of forty-one,
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