Unfair dismissal
Article Abstract:
Gays in the UK may bring unfair dismissal claims under the Employment Protection Act 1978. Claimants prove constructive dismissal by presenting evidence of sexual harassment in the workplace. Employers must show misconduct or some other substantial reason for dismissal. Off-duty conduct, personality clashes with other employees, or breakdowns in working relationships may be acceptable reasons for dismissal. The fairness of such dismissals depends the reasonable alternatives open to employers. Industrial tribunals also consider common prejudices about gays and AIDS in determining fairness of dismissals.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
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No qualifying period for transfer dismissal claim
Article Abstract:
The EAT ruled recently in Milligan and another v Securicor Cleaning Ltd that an employee need not have two years' continuous employment to be protected from unfair dismissal resulting from the transfer of an undertaking. This overruled an industrial tribunal's finding, and contradicts some earlier EAT statements. The decision involved analysis of Article 4(1) and regulations 8(1) and 8(4) of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Most other protections require two years' employment.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
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