Employment Law
Summary Dismissal - ANS Immediate dismissal of an employee without notice
Authority for summary dismissal - ANS Sinclair v Neighbour (1967)
- An employee was taking money from the till and leaving an I.O.U. The employer
warned the employee to stop but the employee continued. The employer instantly
dismissed the employee due to their gross misconduct
Dunn v Aah Ltd [2010] - ANS A subsidiary company had been entitled to summarily
dismiss an employee who had failed to comply with explicit formal instructions from its
parent company to report all risks that could be a potential threat to the company's profit
situation
Gross misconduct - ANS Theft, fraud, dishonesty, abuse, harassment, violence, serious
breach of health and safety
Pepper v Webb [1967] - ANS An accumulation of petty incidents may also amount to a
serious breach
What can you claim if summary dismissal is not justified? - ANS Can claim damages for
wrongful dismissal and common law action for breach of contract
Causes of wrongful dismissal - ANS 1. Breach of a notice term, whether express or
implied - dismissal without notice or with inadequate notice in circumstances where
proper notice should have been given or where a dismissal has been in breach of
agreed procedures
2. Breach of a contractual disciplinary or redundancy procedure
3. Termination of a fixed-term contract before its expiry
True or False? A dismissal that is wrongful is necessarily unfair - ANS False - A
dismissal can be wrongful without being unfair
What can be claimed for wrongful dismissal? - ANS Damages
Pursuant to British Transport Commission v Gorley [1955], what is the purpose of
damages? - ANS The employee is to be placed in the same position as if the contract
had been performed properly
, Malik v BCCI [1997] - FACTS AND FINDINGS - ANS Facts: Malik worked for the BCCI
which went insolvent due to massive fraud and other criminal activities. Malik lost his job
and sought employment elsewhere but could not find jobs. Malik sued BCCI alleging
that their failure to secure new jobs was due to reputational damage and that there was
an implied term in the contract that nothing would be done to undermine mutual trust
and confidence
Findings: It was held that there had been a breach of mutual trust and confidence and
that Malik was entitled to stigma damages
What were the findings in Johnson and Unisys [2001]? - ANS It was held that damages
were not available for mental breakdown and consequent loss of earnings alleged to
have been caused by the manner of dismissal
How does Eastwood v Magnox Electric plc [2004] relate to Johnson v Unisys [2001]? -
ANS It extended the principle in Johnson v Unisys [2001] to cover the whole course of
events leading up to the dismissal, and not just the dismissal itself
True or false? Where damages are inadequate, a party may be granted equitable
remedies - ANS True - injunctions to restrain a dismissal, for example (Irani v
Southampton and South West Hampshire Health Authority [1985])
When is the date of termination for wrongful dismissal claims? And which case is
authority? - ANS According to Geys v Societe Generale, London Branch [2012], the
date of termination was when the employee had accepted the repudiation
Which section of the Employment Rights Act 1996 governs constructive dismissal? -
ANS s 95(1)(c)
How is an employee defined by the ERA 1996? - ANS "An individual who has entered
into or works under (or, where the employment has ceased, worked under) a contract of
employment"
True or false? A constructive dismissal can be an unfair dismissal and a wrongful
dismissal - ANS True
True or false? The employee's resignation can be an acceptance of the employer's
repudiation of the contract - ANS True
Summary Dismissal - ANS Immediate dismissal of an employee without notice
Authority for summary dismissal - ANS Sinclair v Neighbour (1967)
- An employee was taking money from the till and leaving an I.O.U. The employer
warned the employee to stop but the employee continued. The employer instantly
dismissed the employee due to their gross misconduct
Dunn v Aah Ltd [2010] - ANS A subsidiary company had been entitled to summarily
dismiss an employee who had failed to comply with explicit formal instructions from its
parent company to report all risks that could be a potential threat to the company's profit
situation
Gross misconduct - ANS Theft, fraud, dishonesty, abuse, harassment, violence, serious
breach of health and safety
Pepper v Webb [1967] - ANS An accumulation of petty incidents may also amount to a
serious breach
What can you claim if summary dismissal is not justified? - ANS Can claim damages for
wrongful dismissal and common law action for breach of contract
Causes of wrongful dismissal - ANS 1. Breach of a notice term, whether express or
implied - dismissal without notice or with inadequate notice in circumstances where
proper notice should have been given or where a dismissal has been in breach of
agreed procedures
2. Breach of a contractual disciplinary or redundancy procedure
3. Termination of a fixed-term contract before its expiry
True or False? A dismissal that is wrongful is necessarily unfair - ANS False - A
dismissal can be wrongful without being unfair
What can be claimed for wrongful dismissal? - ANS Damages
Pursuant to British Transport Commission v Gorley [1955], what is the purpose of
damages? - ANS The employee is to be placed in the same position as if the contract
had been performed properly
, Malik v BCCI [1997] - FACTS AND FINDINGS - ANS Facts: Malik worked for the BCCI
which went insolvent due to massive fraud and other criminal activities. Malik lost his job
and sought employment elsewhere but could not find jobs. Malik sued BCCI alleging
that their failure to secure new jobs was due to reputational damage and that there was
an implied term in the contract that nothing would be done to undermine mutual trust
and confidence
Findings: It was held that there had been a breach of mutual trust and confidence and
that Malik was entitled to stigma damages
What were the findings in Johnson and Unisys [2001]? - ANS It was held that damages
were not available for mental breakdown and consequent loss of earnings alleged to
have been caused by the manner of dismissal
How does Eastwood v Magnox Electric plc [2004] relate to Johnson v Unisys [2001]? -
ANS It extended the principle in Johnson v Unisys [2001] to cover the whole course of
events leading up to the dismissal, and not just the dismissal itself
True or false? Where damages are inadequate, a party may be granted equitable
remedies - ANS True - injunctions to restrain a dismissal, for example (Irani v
Southampton and South West Hampshire Health Authority [1985])
When is the date of termination for wrongful dismissal claims? And which case is
authority? - ANS According to Geys v Societe Generale, London Branch [2012], the
date of termination was when the employee had accepted the repudiation
Which section of the Employment Rights Act 1996 governs constructive dismissal? -
ANS s 95(1)(c)
How is an employee defined by the ERA 1996? - ANS "An individual who has entered
into or works under (or, where the employment has ceased, worked under) a contract of
employment"
True or false? A constructive dismissal can be an unfair dismissal and a wrongful
dismissal - ANS True
True or false? The employee's resignation can be an acceptance of the employer's
repudiation of the contract - ANS True
