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Summary Unfair Dismissal
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An in-depth, complete and usable revision guide regarding unfair dismissal. Exam-ready (if your exam is open book) but perfect for revising and completing past papers.
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Seminar 5 – Unfair DismissalPreparatory Reading:
Textbooks
Cabrelli
q Chapter 16 Unfair Dismissal and Chapter 17 Procedural Fairness & Remedies; or
Selwyn
q Chapter 17 Unfair Dismissal (for Unfair Dismissal generally)
q Chapter 12 Disciplinary, Dismissal and Grievance Procedures;
q Chapter 20 Practice & Procedure; or
Smith & Wood
q Chapter 7 ‘Unfair Dismissal’
Or any chapter on Unfair Dismissal in other Employment Law Textbook
Cases
Dismissal
q Taylor v. Alidair [1978] ICR 445
q Tanner v. D T Kean [1978] IRLR 110
q Martin v. Yeoman Aggregates Ltd [1983] ICR 314
q Wilson v. Racher [1974] ICR 428
q Futty v Brekkes Ltd [1974]
Fairness and procedure
q Devis (W) & Sons Ltd v Atkins [1977] AC 931
q British Home Stores v Burchell [1980] ICR 303**
q Iceland Frozen Foods v Jones [1982] ICR 17**
q Polkey v AE Dayton Services Ltd [1988] AC 344
q Clark v Civil Aviation Authority [1991] IRLR 412*
q Norton Tool Co Ltd v Tewson [1972] ICR 501**
q London Ambulance v Small [2009] EWCA Civ 220
q Bowater v North West London Hospitals NHS Trust [2011] EWCA Civ 63
Statute
q Sections 86, 95, 97, 98 Employment Rights Act 1996
Codes of Conduct
q ACAS Code of Practice 1 on Disciplinary & Dismissal Procedures (2015)
Journal Articles
q Hugh Collins, ‘Compensation for Dismissal: In Search of Principle’ ILJ (2012) 41 (2):
208
Prepare answers to the following questions and come to the seminar ready to present
these to the group:
1) Late one evening a manager at the Curl Up and Dye Hair Emporium discovered that
Tracy, a stylist, had mixed the wrong chemicals for dyeing a customer's hair. The
actual contents of the bottle were so dangerous that, had the error not been
discovered, the customer might have suffered serious injury to the scalp. Later that
1
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