Feasible for part-timer to claim unfair dismissal in 1976
Article Abstract:
The UK Court of Appeal's 1996 decision in Biggs v. Somerset County Council held that it was reasonably practicable for an employee to file an unfair dismissal complaint within three months of a 1976 dismissal. The Court ruled the three month time limit did not discriminate on the basis of sex, that the limit was clearly applicable in this case, and, accordingly, held the complaint to be time-barred. The employee's ignorance of the law was not an acceptable excuse, according to the Court.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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Dismissal after extended maternity leave in breach of sick leave term was wrongful, unfair and discriminatory
Article Abstract:
The British Court of Appeal ruled in Halfpenny v. IGE Medical Systems Ltd. that employee who exercised her right to return to work after extended maternity leave but was unable to come to work on the specified date due to illness and was dismissed suffered unfair dismissal. The employer's assumption it was not legally obliged to hold the job open for her was in error, and treating this as a reason for dismissal could not be other than unfair.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1999
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Age limit for unfair dismissal and redundancy pay contrary to EC law
Article Abstract:
A London South industrial tribunal held in Nash v. Mash/Roe Group Ltd. that the upper age limit on employee claims for unfair dismissal and statutory redundancy pay violated Article 119 of the Treaty of Rome because of its lack of objective justification and indirect discrimination against men. Accordingly, a 69-year-old man dismissed from employment could make a claim for unfair dismissal and redundancy pay.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
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