Dismissal for refusing change in terms may be automatically unfair

Article Abstract:

An employee dismissal may be considered automatically unfair if the dismissal is due to the employee's refusal to consent to a revised contract, according to the EAT's decision in the 1996 Mennell case. In that case, the employer wanted to secure a new contract allowing wage deductions for training costs. The decision holds that this type of contract change requires employee consent and that a dismissal related to the employee's assertion of statutory rights may be an automatically unfair dismissal.

Contracts, Workers

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Dismissal and other matters

Article Abstract:

UK employees who take unauthorized holiday leave may be fairly dismissed, according to a number of court decisions, but contracts automatically terminating employees for overstaying leave are void. Medical certificates are useful in documenting failure to return from extended leave. Continuity of employment is normally maintained during holiday absences. Sex or race discrimination in determining holiday entitlement and maternity leave entitlement rights are also discussed.

Laws, regulations and rules, Employee vacations

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