Employment protection rights

Article Abstract:

Participation in a strike, lockout or other industrial action affects employees' unfair dismissal rights under UK law. Industrial tribunals do not have jurisdiction over unfair dismissal complaints related to industrial actions. However, industrial tribunal jurisdiction is restored if the complainant was treated differently than other 'relevant employees' involved in the same industrial action. Key issues include the definition of types of industrial action, who are 'relevant employees,' criteria for discriminatory dismissal or rehiring, and dismissal during 'unofficial' industrial action.

Powers and duties, Strikes, United Kingdom. Industrial Tribunals

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Part-timer's dismissal complaint out of time

Article Abstract:

The Employment Appeal Tribunal has ruled in the case of Biggs v. Somerset County Council that it does not have the jurisdiction to listen to an unfair dismissal case because the dismissal took place in 1976. The case was filed following the R v. Secretary of State for Employment ex parte EOC in which the ruling was in favor of the part-time workers because there was incompatibility between EC laws and UK laws. The ruling in the Biggs case emphasizes the need for clarification of time limits that apply to EC laws-based tribunal claims.

Labor law, Part-time employment, Part time employment, Limitation of actions (Labor law), Statute of limitations (Labor law)

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Contractual and employment protection issues

Article Abstract:

Employment contracts imply a common law duty of employers to provide for workplace health and safety, including prevention of employee injury due to unreasonable job stress. Employees have a duty to adapt to the work environment, but abusive treatment or other employer lapses can constitute contractual breach. Although employers can dismiss poorly-performing employees, a dismissal may be unfair if the weak performance is due to illness or inability to cope with improper work conditions such as violence or discrimination.

Cases, Job stress, Labor contracts

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