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Essay / Research Paper Abstract
This 9 page paper examines the concept and application of unfair dismissal in English employment law. The paper looks at the introduction of unfair dismissal, the founding concepts and how this is seen in the application of unfair dismissal in different circumstances. Included is a discussion of who is protected and when dismissal is deemed to have taken place, the potential of constructive dismissal, the potential reasons for dismissal that may be seen as fair and the Employment Act 2002 (Dispute Resolution) Regulations 2004. Numerous cases are cited. The bibliography cites 7 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEunfaird.rtf
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Unformatted sample text from the term paper:
of master and servant. Within the work environment there may be numerous disputes that are dealt with through the grievance or disciplinary procedures. The ultimate result where disputes are not
settled and an employer doe not act in the correct way may be a claim of unfair dismissal. With the statutory dispute resolution that came into effect in October 2004
following the introduction of the Employment Act 2002 ("EA 2002") and Employment Act 2002 (Dispute Resolution) Regulations 2004, it is possible the level of unfair dismissal claims may increase
in the short term. There can be little doubt the employers and employees can act unfairly towards each other. It is traditionally
employers that have the greatest level of power. It was not until 1971 that the concept of unfair dismissal entered UK statute law, prior to this time cases would usually
be brought for a breach of contract (Card et al, 1998). Unfair dismissal is first seen in the Industrial Relations Act 1971, but the concept was not new. The introduction
was as a result of recommendation 119 of the International Labour Organisation which had been accepted by Britain in 1964 (Lockton, 2000).
The reason that the introduction was seen at this time can be traced to the high level of grievances seen between the employees and the employers. The position had reached
crisis point; numerous strikes were taking place due to perceived unfair dismissals (Lockton, 2000). The only claim against an employee would have in terms of ending the contract was the
common law position with regarding the terms and conditions of the contract. This was a very harsh position for the employees, as the employer had a great deal of latitude
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