Employment Law PG Course, inc. Anti-Discriminatory Legislation, Copyright, Disability Rights, Employee Relationship, Employment Appeals Tribunals, Employment Contract, Employment Legislation, Employment Tribunals, Flexible Working, Frustration of Contract, Instant Dismissal, Job Design, Patent and Intellectual Property Rights, Registered Design Acts, Research and Development, Summary Dismissal, in Abuja, Accra, Amman, Bangkok, Banjul, Beirut, Birmingham, Bogotá, Brasilia, Brunei, Brussels, Bucharest, Cairo, Colombo, Conakry, Dodoma, Doha, Dubai, Durban, Gaborone, Georgetown, Hanoi, Islamabad, Jakarta, Jeddah, Kathmandu, Kinshasa, Kuala Lumpur, Kuwait, Lagos, Lima, London, Luanda, Lusaka, Manama, Manila, Maputo, Muscat, Nairobi, New Delhi, New York, Niamey, Paramaribo, Paris, Quito, Rabat, Seoul, Singapore, Tokyo, Toronto, Tripoli, Windhoek, Wolverhampton, etc. and Online

Course # 022: Employment Law - Employment Law Course, Leading to Diploma – Postgraduate – in UK Employment Law, Double Credit, 60 Credit-Hours, Accumulating to a Postgraduate Certificate, with 120 Credit-Hours, and a Postgraduate Diploma, with 300 additional Credit-Hours.

**Based on the frequent changes in our Employment Law, this Course will be Updated with Legislation Changes and Additions, prior to each delivery. Click to view and, or, Download our urrent Brochure for this Course.**

Doctor of Philosophy {(PhD) {University College London (UCL) - University of London)};

MEd Management (University of Bath);

Postgraduate (Advanced) Diploma Science Teacher Ed. (University of Bristol);

Postgraduate Certificate in Information Systems (University of West London, formerly Thames Valley University);

Diploma in Doctoral Research Supervision, (University of Wolverhampton);

Teaching Certificate;

Fellow of the Institute of Management Specialists;

Human Resources Specialist, of the Institute of Management Specialists;

Member of the Asian Academy of Management (MAAM);

Member of the International Society of Gesture Studies (MISGS);

Member of the Standing Council for Organisational Symbolism (MSCOS);

Member of ResearchGate;

Executive Member of Academy of Management (AOM). There, his contribution incorporates the judging of competitions, review of journal articles, and guiding the development of conference papers. He also contributes to the Disciplines of:

Human Resources;

Organization and Management Theory;

Organization Development and Change;

Research Methods;

Conflict Management;

Organizational Behavior;

Management Consulting;

Gender & Diversity in Organizations; and

Critical Management Studies.

Professor Dr. Crawford has been an Academic in the following UK Universities:

University of London (Royal Holloway), as Research Tutor;

University of Greenwich (Business School), as Senior Lecturer (Associate Professor), in Organisational Behaviour and Human Resource Management;

University of Wolverhampton, (Wolverhampton Business School), as Senior Lecturer (Associate Professor), in Organisational Behaviour and Human Resource Management.

London Southbank University (Business School), as Lecturer and Unit Leader.

His responsibilities in these roles included:

Doctoral Research Supervisor;

Admissions Tutor;

Postgraduate and Undergraduate Dissertation Supervisor;

Programme Leader;

Personal Tutor.

 

For Whom This Course is Designed.

This Course is Designed For:

  •  Human Resource Professionals

  • Human Resource Managers

  • Human Resource Specialists who need to expand their knowledge and expertise in all
    aspects of human resources management

  • Executives

  • Directors

  • Managers who need current, specialized knowledge

  • Supervisors

  • Experienced managers who are new to the HR field

  • Other mid-level managers pursuing a career change or promotion

  • Business consultants

  • MBA students

  • Those considering entering the field of Human Resource Management Early- to mid-career professionals who need to manage the increasing complexity of interpersonal or organizational dynamics in their jobs 

  • Entrepreneurs who want to learn about human resource management

  • Small business owners who do not have in-house professional Human Resource Management expertise

    Classroom-Based Duration and Cost:

    Classroom-Based Duration:

    10 Days

    Classroom-Based Cost:

    £10,00000 Per Delegate

    Group Cost:

    Varies With Group Size

    Group Residential Cost:

    Up To 86% Discount, Based on Numbers.

    Online Synchronous (Video-Enhanced) Duration and Cost

    Online Duration:

    20 Days @ 3 Hours Per Day

    Online Cost:

    £6,700.00 Per Delegate

 

Cost includes:

  •  Free Continuous snacks throughout the Event Days;  

  • Free Hot Lunch on Event  Days;                           

  • Free City Tour;             

  • Free Stationery;                               

  • Free On-site Internet Access;

  • Diploma – Postgraduate – in UK Employment Law; or

  • Certificate of Attendance and Participation – if unsuccessful on resit.

 

 HRODC Postgraduate Training Institute’s Complimentary Products include:

  • HRODC Postgraduate Training Institute’s Leather Conference Folder;

  • HRODC Postgraduate Training Institute’s Leather Conference Ring Binder/ Writing Pad;

  • HRODC Postgraduate Training Institute’s Key Ring/ Chain;

  • HRODC Postgraduate Training Institute’s Leather Conference (Computer – Phone) Bag – Black or Brown;

  • HRODC Postgraduate Training Institute’s 8GB USB Flash Memory Drive, with Course Material;

  • HRODC Postgraduate Training Institute’s Metal Pen;

  • HRODC Postgraduate Training Institute’s Polo Shirt.

Daily Schedule: 9:30 to 4:30 pm.

 Location:  Central London and International Locations

Based on the frequent changes in our Employment Law, this Course will be Updated with Legislation Changes and Additions, prior to each delivery. Click to view and, or, Download our Current Brochure for this Course

 

Course Objectives

 By the conclusion of the specified learning and development activities, delegates will be able to:

  • Define the bases of the ‘employer-employee relationship;’

  • Determine the purpose, components and parameters of the UK employment law;

  • Illustrate the key provisions of the Employment Act 2002;

  • Explain the role of the Employment Act 2002 and its Statutory Instrument 2004, in averting ‘employer-employee repudiation;’

  • Identify some of the key issues of the Employment Relations Act 2004 and their positive and negative effects on their organisational relations;

  • Draw on The Race Relations Act 1976, The Race Relations Amendment act 2006, The Race Relations Act 1976 - Statutory Duties Order 2001, The Disability Discrimination Act 1995, The Disability Discrimination Act 1995 - Amendments Regulations 2003, The Equal Pay Act 1970, The Equal Pay (Amendment) Regulations 1983, and related Acts and Statutory Instruments, to formulate a legally enshrined Employment Policy;

  • Develop Grievance and Disciplinary Procedure which incorporates the statutory minimum requirements;

  • Distinguish between instant dismissal and summary dismissal, indicating which levels and type of employee behaviour that might warrant  ‘on the spot dismissal’ that are likely to be upheld by an Employment Tribunal;

  • Demonstrate a heightened awareness of the functions, organisation and conduct of UK Employment Tribunal;

  • List the statutory information requirement for new employees and their timescale;

  • Draw on employment tribunal, employment appeals tribunal and High Court cases in their explanation of ‘Frustration of Contract;’

  • Use case laws to formulate   a ‘Standing Plan’ which will highlight areas in the employment contract where the issue of frustration of contract can be construed with a high probability of being legally supported;

  • Illustrate the fundamental issues that need to be covered by an employment contract;

  • Exhibit an understanding of the value of employees as their organisations’ Intellectual Property;

  • Suggest ways by which their organisations intellectual property might be legally exploited;

  • Explain how an organisation might protect its intellectual property;

  • Use case laws to determine the issues that determine which copyright an organisation or its employee might own;

  • Formulate an organisational policy that protects its intellectual capital, whilst allowing ‘Intellectual Property Rights Law’ to remain un-infringed;

  • Demonstrate an understanding of the Copyright Design and Patent Act 1988 an how these protect an organisational inventions and emblems;

  • Suggest the organisations position in relation to research and development on the one hand, and intellectual property rights on the other;

  • Demonstrate an understanding of the legal bases of ‘reverse engineering’ and the extent to which it might be a copyright infringement;

  • Explain the steps that will be able to take to avert, reduce and detect industrial sabotage;

  • Explain the steps that will be able to take to avert, reduce and detect industrial espionage; and

  • Determine the legal bases of industrial espionage as theft and ‘Grand Larceny’.

  

Course Contents, Concepts and Issues

Part 1A: UK Employment Law and Its Sources

The Common Law;

UK Legislation;

European Community Law;

Human Rights Act 1998.

 

Part 1B: Establishing Employer-Employee Relationship (1)

Employer-Employee Relations;

The Employment Rights Act 1996;

Tenure of Employment;

Zero Hours Contract;

The Employment Contract:

The Employee’s Contract;

The Worker’s Contract;

The Contractor’s Contract.

The Low Pay Commission (LPC)

National Minimum Wage Act (NMWA) 1998;

National Minimum Wage (Amendment) Regulations 2018;

Living Wage Foundation;

National Living Wage (NLW);

The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000;

The Fixed-term Employees (Prevention of Less Favorable Treatment) Regulations 2002;

Statutory Instruments 2014 No. 853 - Terms and Conditions Of Employment - The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) (No. 2) Order 2014;

The Agency Workers Regulations 2010;

The Employment Relations Act 1999 (Blacklists) Regulations 2010;

Equality and Human Rights Commission

The Equality Act 2010 (Disability) Regulations 2010;

The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002

 

Part 2: Establishing Employer-Employee Relationship (2)

Statutory Instruments 2014 No. 1398 - Terms and Conditions Of Employment - The Flexible Working Regulations 2014;

Expressed Terms of Employment Contract;

Generally Implied Terms of Employment Contract;

Implied Terms of Employment Contract through Common Law;

Implied Terms of Employment Contract through Statute;

Formulating the Employment Contract;

Variation of terms of Employment Contract;

Working Hours and Holidays;

Breaches of Employment Contract: The Tribunals and Courts;

The Role of the Advisory, Conciliation and Arbitration Service (ACAS) 

Working Time Regulations 1998 (incorporating Bank Holidays);

The Employment Act 2002;

 The Employment Act 2002 - Statutory Instrument 2004;

The Employment Relations Act 2004;

Employment Act 2008.

 

Part 3: Equality and Anti-Discrimination in Employment

The Equal Pay Act, 1970;

The Equal Pay (Amendment) Regulations, 1983,

The Sex Discrimination Act 1975;

The Disability Discrimination Act 1995;

The Race Relations Act 1976;

The Sex Discrimination (Gender Reassignment) Regulations 1999;

The Race Relations (Amendment) Act 2000;

The Race Relations Act 1976 (Statutory Duties) Order 2001;

The Disability Discrimination Act 1995 (Amendment) Regulations 2003.

 

Part 4: Union Representation, Harassment and Disciplinary Procedure

Trade Unions: Role and Membership;

Time-off For Union Activities;

Trade Union and Labour Relations (Consolidation) Act 1992;

ACAS Code of Practice 2 Disclosure of Information to Trade Unions for Collective Bargaining Purposes (Revised 1997);

The Trade Union Recognition (Method of Collective Bargaining) Order 2000;

Harassment and Victimization at Work;

What is Harassment?

What is Victimization?

Evidencing Harassment;

Protection from Harassment Act 1997;

Employers’ liability for the acts of third parties;

Vicarious Liability: Harassment and Victimization at Work;

Statutory Minimum Requirements for Grievance and Disciplinary Procedure;

Employment Act 2002 (Dispute Regulations 2004).

 

Part 5: Family Related Leave Provisions

Ordinary Maternity Leave (OML) (ERA 1996, s 71 as amended);

Paid Time Off For Antenatal Care;

Maternity Leave And The Right To Return To Work;

Adoption Leave;

Paternity Leave;

Additional Paternity Leave;

Parental Leave;

Statutory Maternity Pay;

Statutory Adoption Pay

Statutory Paternity Pay;

Maternity Allowance.

 

Part 6: Dismissal, Transfer and Redundancy In Employment

Legal Dismissal Process;

Wrongful Dismissal;

Unfair Dismissal;

Constructive Dismissal;

Claim for Wrongful Dismissal;

Complaint of Unfair Dismissal;

Definition of Redundancy;

Calculation of Redundancy Payments;

Redundancy;

Legal Jurisdiction For Wrongful Dismissal Claim and Unfair Dismissal Complaint;

Transfer of Workers: Protected Rights;

Statutory Instruments - 2014 No. 16 - Terms and Conditions of Employment - The Collective Redundancies and Transfer Of Undertakings (Protection Of Employment) (Amendment) Regulations 2014.

 

Part 7: Grievance At Work: Arbitration, Courts, Employment Tribunals, Jurisdiction and Operation

The Role and Jurisdiction of the Following In Employment-Related Matters:

Employment Tribunal;

Employment Appeal Tribunal (EAT);

County Court;

High Court:

Court of Appeal;

Supreme Court.

Statutory Instruments 2014 No. 611 - Employment Tribunals - The Employment Tribunals (Constitution And Rules Of Procedure) (Amendment) (No. 2) Regulations 2014;

Statutory Instruments 2014 No. 787 - Employment Tribunals - The Employment Tribunals (Constitution And Rules Of Procedure) (Amendment) (No. 3) Regulations 2014;

Statutory Instruments 2014 No. 254 - Employment Tribunals - The Employment Tribunals (Early Conciliation: Exemptions and Rules Of Procedure) Regulations 2014;

Statutory Instruments 2014 No. 271 - Employment Tribunals - The Employment Tribunals (Constitution And Rules Of Procedure) (Amendment) Regulations 2014;

Statutory Instruments 2014 No. 847 - Employment Tribunals -The Employment Tribunals (Early Conciliation: Exemptions and Rules Of Procedure) (Amendment) Regulations 2014;

Statutory Instruments 2014 No. 431 - Terms and Conditions Of Employment - The Employment Tribunals Act 1996 (Application Of Conciliation Provisions) Order 2014;

Statutory Instruments 2014 No. 386 - Terms And Conditions Of Employment - The Enterprise And Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014;

Statutory Instruments 2014 No. 382 - Terms And Conditions Of Employment - The Employment Rights (Increase Of Limits) Order 2014;

The ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003;

The ACAS (Flexible Working) Arbitration Scheme (Great Britain) Order 2004.

 

Part 8: Employment Law Update: Keeping Abreast of Legislative Changes

Executive Pay Ratio Reporting;

Payslip Requirement April 2019;

Parental Bereavement Leave and Pay;

General Data Protection Regulation (GDPR);

Gender Pay Gap Reporting;

Trade Union Act 2016;

Trade Union (Wales) Act 2017;

Agricultural Sick Pay (ASP);

Statutory Redundancy Payments (RPS);

Statutory Maternity Pay (SMP);

The Immigration Skills Charge Regulations 2017

Apprenticeship Levy.

 

Part 9: Other Pertinent Employment Related Issues

The Psychological Contract and Its Legal Bases

Genuine Occupational Qualification (GOQ);

Employees, Workers, and Contractors: Their Distinction and Legal Implications;

Avoiding Accusations of Discrimination in Employment;

Holiday Entitlement;

Job Design and the Equality and Other Regulations:

Mechanistic Job Design;

Biological Job Design;

Perceptual Job Design;

Motivational Job Design.

Legal Issues in Recruitment and Selection: Avoiding Discrimination;

Statutory Information Requirement and Timescale for New Employees;

Frustration of Contract: An Illustrative Guide;

Sick Pay Entitlement or Statutory Sick Pay?;

Employees as Intellectual Capital;

Exploiting the Organisation’s Intellectual Property;

Protecting the Organisation’s Intellectual Property;

Employee vs. Employer in Ownership of Intellectual Property Rights;

Patent and Intellectual Property Rights;

Research and Development and Intellectual Property Rights;

Research and Development and the Patent Act;

‘Reverse Engineering’ and Intellectual Property Rights;

Instant Dismissal or Summary Dismissal?;

Employment of ‘Workers’, Subject to Immigration Control;

Statutory Instruments   2014 No. 1262 - Immigration - The Immigration (Employment of Adults Subject To Immigration Control) (Maximum Penalty) (Amendment) Order 2014.

 

Based on the frequent changes in our Employment Law, this Course will be Updated with Legislation Changes and Additions, prior to each delivery. Click to view and, or, Download our Current Brochure for this Course

Free Introduction To Employment Law - Please Click on the Desired Link Below

What is Employment Law?

 

Frustration of Contract: An Illustrative Guide

 

Instant Dismissal or Summary Dismissal?

 

Information Request

 

What Is Employment Law?

 

 Employment Law is an inevitable feature in the Employer-Employee Relationship. The Employment Law seeks to regulate these relationships, averting or reducing repudiation of the employment contract, implicit or explicit. The Employment Act 2002, with its Statutory Instrument 2004, makes this relationship even more explicit. One of the things that it establishes is the minimum mandatory requirement for disciplinary and grievance procedure. The Employment Relations Act 2004 further clarifies the relationship between employees and their employers, reducing ambiguities relating to representation and bargaining units. What I am proposing, therefore, is that we need to give due regard to employment law. However, unlike what several people perceive, employment law is covered by different pieces of legislation and not a particular Act called Employment Act. So, for example, employment law incorporates legislation such as such as Equal Opportunities Act,

 

The Race Relations Act 1976, strengthened by The Race Relations (Amendment) Act 2000 (UK Parliament, 2000) and The Race Relations Act 1976 (Statutory Duties) Order 2001 (UK Parliament, 2001) - which is a statutory requirements for public bodies produce a race equality scheme by December 2001. The disabled are given improved rights through The Disability Discrimination Act 1995 (UK Parliament, 1995) and The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (UK Parliament, 2003).

 

 The Equal Pay Act, 1970, the Equal Pay (Amendment) Regulations, 1983, and the Sex Discrimination Act 1975 (Equal Opportunities Commission, 2000a), seek to address discrimination against female. The Sex Discrimination Act (SDA) 1975, which was amended and expanded in 1986, prohibits sex discrimination in employment, education and advertising or in the provision of housing or goods (Equal Opportunities Commission, 2001). The Employment Rights Act 1996 (UK Parliament, 1996) has not merely substituted the word ‘protection’ for the word ‘rights, in the Equal Pay Act 1970 but has strengthened its provision. Additional protection is afforded through the Sex Discrimination (Gender Reassignment) Regulations 1999.

 

 The Copyright (Computer Software) Amendment Act 1985, The Copyright Design and Patents Act 1988, and Registered Design Acts 1941 and 1988, The Registered Design Act 1949 and 1988, The Copyright Design and Patents Act 1988 might, for a number of reasons, be considered part of the Employment Law. This is because there are a number of issues in these Acts that are relevant to the ‘Employer-Employee Relationship’. As I expand this article, I will use a number of cases to illustrate why these aspects of legislation should be regarded as within the realms of Employment Law. One of the factors that these upcoming cases will establish is that there are a number of factors that determine who is a ‘genuine employee’ and who is not, and, therefore, the view that the courts are likely to take in the event of a dispute between an organisation and a worker - see for example Crawford (2002), On-Line Learning And Lecturers' Intellectual Property Rights: A Legal-Empirical Analysis Of The European And Asian Implications   - Research Paper (Research Article) (Research Article)23  - or Crawford (2003), The UK’s Growing Demand For Computer Mediated Distance Education And The Legal Basis Of Their Creators Research Paper (Research Article) (Research Article)28.

 

 Frustration of Contract: An Illustrative Guide

 

'Frustration of contract' is possibly one of the least understood aspects of UK Employment Law, and has been misinterpreted by some Employment Tribunals. The first clarification of 'frustration of contract' is that it does not constitute dismissal (see e.g. Pitt, 1994). Before assuming frustration of contract, one needs to make an assessment of the situation based on the facts that are relevant to the situation. Your decision or assumption, in this regard, might be aided by the illustrative cases, below.

 

A simple but realistic definition of ‘frustration of contract’ might be:

A situation that occurs in the ‘employer-employee relationship’ that mitigates against the effective continuance of this relationship, when neither the employer nor employee is at fault.

 

In this case, the termination or cessation of paid employment has not been the intention of the employer or employee. Lewis (1997) aptly regards frustration of contract as 'automatic termination'. Under normal circumstances, the employer would be willing to continue to provide the employee with remunerative tasks or assignment and the employee is willing but unable to work effectively. However, without closer examination, there appears to be a stalemate between the employer and the employee, each perceiving to have a case against the other. However, in reality, none does. Because a number of cases of frustration of contract results from illness, some employers attempt to disguise disability discrimination as frustration of contract. If an employee is ill, then a test of whether frustration of contract might be:

  • The possibility of the employee's  full recovery;

  • The possibility of his or her being redeployed; or

  • Whether the situation can be resolved if the employer makes reasonable adjustment to the work or work station - as a means of supporting the worker's effective role performance. This is a provision entrenched in the Disability Discrimination Act 1995.

As case #8 (to be added shortly) will illustrate, in the event of illness the employee is entitled to remain certified ill until his or her sick leave entitlement has been fully utilised. Therefore, frustration of contract cannot be assumed until after that period. Please note, however, that sick pay entitlement differs from one organisation to another but in most large organisation the entitlement is usually six months on full pay and 6 month at half pay. It should also be noted that employees are only entitled to statutory sick pay, unless the organisation is contractually obliged to pay it or had intended to do so, by virtue of previous or current practice.  There are a number of old and recent cases to illustrate these two points.

 

 However, there are reasons other than illness that might result in the frustration of contract. These include:

  • Confinement or 'isolation'. These are exemplified by the employee being confined to prison, or as the saying goes, 'At Her Majesty's Pleasure' (see cases 5 & 6). The worker might also be stranded or 'marooned' by acts of nature, war or civil unrest.

  • Displacement through relocation or the cessation of 'work activities'. If an organisation  is forced to relocate, in which case this is not a choice but an act of survival, and an employee is willing but unable to continue to work, from the new location, then frustration of contract occurs. However, there are contractual problems if there was a stipulation of the physical location of the job. Rover found this a problem, part of the reason that resulted in its demise (in its previous life). Workers had contracts that specifically stated the location of their place of work. It meant that some workers were passing plants that were understaffed going to factories that had excess employees. While a student member of the HR team worked on a 'Postcode Redeployment Strategy', with a lucrative relocation incentive, the company slipped closer to receivership.

As a later case (to be added shortly) illustrates, an employee might have a valid employment contract but there is cessation of work at his or her posting. He or she is still willing to work but the employer is unable to redeploy him or her. This represents a clear case of frustration of contract but had been missed by the Employment Tribunal

 Case 1

The Issue of ‘frustration of contract’ is not new in legal terms. In fact, Lockton (`2003) and Pitt (1994) date it as far back as 1876, in the case of Pousard v. Spiers & Pond. Poussart In this instance, Pousard, an opera singer, sued the employer for breach of contract having been replaced because of illness. Although the illness lasted for less than the one month’s duration of the performance, the only possible replacement would only agree to take the part if for its entire duration. The court ruled that the contract had been frustrated.

 

Case 2

Hart, in the case of Hart v. Marshall & Sons (Bulwell) Training Institute [1977] (Lockton, 2003), was a night service fitter but was ill for 20 months. He was replaced, despite sending his employer regular sick note. The Employment Appeals Tribunal ruled that because he was a key worker, his employment had been frustrated by illness.

 

Case 3

In Hebden v. Forsey & Sons [1973], (Lockton, 2003), Hebden, one of two sawyers, had been away from work for almost two years. He sent his employer regular sick note and his employer agreed that he would not be able to work effectively until he had fully recovered. He was, nevertheless, replaced. The Employment Tribunal held that the contract had not been frustrated.

 

Case 4

In Maxwell v. Walter Howard Designs Training Institute (Selwyn, 1991), Maxwell, a cabinet maker, was away from work for almost 2 years, sending regular sick notes to his employer. He was still replaced. The Tribunal ruled that the nature of his employment was of such that he did not have to be replaced permanently. Therefore frustration of contract did not occur.

 

Case 5

In the case of Hare v Murphy Bros Training Institute (1974), there was uncertainty over why the contract of employment had been terminated. While Stephenson held that the employment was frustrated by imprisonment, Stephenson stated only that imprisonment ended the contract (Duddington, 2003).

 

Case 6

In Shepherd and Co. Training Institute. v Jerrom (1986), the Court of Appeal clarified that frustration of contract can be assumed, where an employee is imprisoned (Duddington, 2003).

 

Case 7 (To be detailed)

 

Case 8 (To be posted)

 

 

Instant Dismissal or Summary Dismissal?

 

Before attempting to define this concept, I would like to remark that the legal terminology of summary dismissal is thought by some prominent practitioners to be nonexistent. This is mainly because they are accustomed to the term 'instant dismissal'. Rather, if there is anything that is nonexistent it would be 'instant dismissal'. Recently, a senior academic colleague noticed an examination question requiring postgraduate Employee Resourcing students to distinguish between summary and instant dismissal. He claimed that there was no such term as summary dismissal. Because he was the second reader of the paper, before it was sent off to the external examiner, it was necessary for me to convince him that it did exist. Fortunately, for me, I had an appropriate text handy. Grasping the text, page-marked, from me, he read with twisted brow. Quite embarrassed at his misguided confrontation, he walked away slowly without saying a word.

 

The similarity between the terms is that they mean dismissal without notice. To distinguish  between them, 'instant dismissal' is illegal but 'summary dismissal' is legal. We might assume instant dismissal or summary dismissal based on two fundamental questions:

  • Is the conduct of the employee of such that it would have been unreasonable to expect the employer to continue his or her employment for a period after which termination becomes effective?

  • What procedure has been applied to the dismissal without notice? For example, had the statutory provision of the Employment Act 2002 for grievance and disciplinary procedure been applied? (see e.g. Willey, 2003).

Employers might assume summary dismissal but the decision of an Employment Tribunal or Employment Appeal Tribunal might either uphold or declare a 'dismissal without notice' unlawful. In this case, it becomes instant dismissal or 'unlawful summary dismissal'.

 

Click for Employment Law - in Employee Resourcing Seminar

 

Your Employment Law Questions Answered: Responses To Some Employment Law Questions by Readers.

 

 

Questions

Can you be summarily dismissed for reporting a suspected crime to the police?

 

 

Responses

 

The answer to your question is ‘N0’. One cannot be summarily dismissed for being a ‘Good Citizen’. However, if this is a report that was made against a senior member of an organisation, then the individual might be discriminated against or victimised. This might result in a case being brought against the employee for unrelated issues – much of which can be contrived. The employer can then build a case against the employee for summary dismissal. The onus will be on the employee to prove to an Employee Tribunal that the dismissal is unjustified.

 

My advice to an employee who has this fear is to do less talking and more writing. This means that the employee should keep written records of most dealings with his or her employer, including other senior members. If you have a question to ask your employer, then put it in writing and ensure that you get a response in writing. If you need to make a complaint, or an observation, then also put it in writing. If you attend meetings, try to get and keep copies of the official minutes. If you chair a meeting, get a minute-taker to record the minutes, which you need to file for future reference. Simply, be on your guard and be prepared to defend yourself, with the help of your union official.

Key Phrases in UK Employment Law Course

Employer-Employee Relationship, What is Employment Law?, Key Provisions of The Employment Act 2002, The provisions of The Employment Act 2002, with its Statutory Instrument 2004, ‘Employer-Employee Repudiation’, Key Issues Employment Relations Act 2004, Discrimination in Employment, The Race Relations Act 1976, Race Relations (Amendment) Act 200, Employment Law, UK Employment Law, Race Relations Act 1976, Statutory Duties Order 2001, The Disability Discrimination Act 1995, The Disability Discrimination Act 1995 (Amendment) Regulations 2003, The Equal Pay Act 1970, Equal Pay (Amendment) Regulations 1983, Sex Discrimination Act 1975, The Employment Rights Act 1996, The Sex Discrimination (Gender Reassignment) Regulations 1999, Equality Regulations, Job design and the Equality Regulations, Mechanistic Job Design, Biological Job Design, Perceptual Job Design, Motivational Job Design, Legal Issues associated with Job Design, Legal Issues of  Flexible Working, Statutory Minimum Requirements, Grievance and Disciplinary Procedure, Employment Act 2002, Dispute Regulations 2004, Instant Dismissal,  Summary Dismissal, Legal Issues in Recruitment and Selection,  Avoiding Discrimination, Statutory requirement for Employment, Statutory Information Requirement, Timescale for New Employees, Frustration of Contract, Employment Contract, Sick Pay Entitlement, Maternity Leave, Paternity Leave, Employees as Intellectual Capital, Organisation’s Intellectual Property, Employer Intellectual Property Right, Employee Intellectual Property, Ownership of Intellectual Property Rights, Defining an Employee, Determining Intellectual Property Rights, Patent and Intellectual Property Rights, Research and Development and Intellectual Property Rights, Research and Development and the Patent Act, Reverse Engineering and Intellectual Property Rights, International Convention for Intellectual Property Rights, Copyright Design and Patent, Design Law, Industrial Espionage, Industrial Sabotage, Organisation of Employment Tribunals, Operation of Employment Tribunals, ETs, The Employment Appeal Tribunals, EATs, Copyright Computer Software Amendment Act 1985, The Copyright Design and Patents Act 1988, Registered Design Acts 1941 and 1988, The Registered Design Act 1949 and 1988