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Article
Publication date: 1 January 1991

ASPECTS OF UNFAIR DISMISSAL LAW

J.R. Carby‐Hall

In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to…

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Abstract

In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show that he has been dismissed (stage one), and some of the reasons for dismissal which fall within the statutory categories, namely the employee's capability and qualifications; misconduct and redundancy (part of stage two). In this monograph an analysis is proposed on the two remaining reasons, these being the contravention of a duty imposed by an enactment and some other substantial reason. There will then follow a discussion on the test of fairness as constituting the third of the three stage process and on the remedies available when the tribunal finds that the employee has been unfairly dismissed.

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Managerial Law, vol. 33 no. 1/2/3
Type: Research Article
DOI: https://doi.org/10.1108/eb022446
ISSN: 0309-0558

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Article
Publication date: 1 May 1974

BROWN v. ALLIED IRONFOUNDERS LTD.

Reid, Morris of Borth‐y‐Gest, Viscount Dilhorne, Simon of Glaisdale and Kilbrandon

March 27, 1974 Factory — Safety — Employee painting heavy object — Assistance available for turning it over — No instructions to seek assistance — Injury through handling…

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March 27, 1974 Factory — Safety — Employee painting heavy object — Assistance available for turning it over — No instructions to seek assistance — Injury through handling without assistance — Employer's breach of statutory duty — Factories Act, 1961 (9 & 10 Eliz. II c.34), s.72(1).

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Managerial Law, vol. 16 no. 3
Type: Research Article
DOI: https://doi.org/10.1108/eb022311
ISSN: 0309-0558

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Article
Publication date: 1 January 1969

YORKSHIRE ELECTRICITY BOARD v. NAYLOR

Viscount Dilhorne, Lord Morris of Borth-y-Gest, Lord Guest, Lord Devlin and Lord Upjohn

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Knights Industrial and Commercial Reports, vol. 5 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/eb021592
ISSN: 0309-0558

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Article
Publication date: 1 June 2001

“Measure for measure”

Jo Carby Hall

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together…

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Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an analysis and appraisal. Considers, first, information and consultation rights with regards to the transfer of undertakings and redundancies, followd by the right to collective action and, lastly, protection in the event of unjustifiable dismissal. Presents case law throughout as examples. Concludes that the UK has attempted to prevent social and economic rights for workers from being included in the final charter despite fierce opposition. Compares this view together with the UK suspicion of Europe against the views of the other member states.

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Managerial Law, vol. 43 no. 3/4
Type: Research Article
DOI: https://doi.org/10.1108/03090550110770471
ISSN: 0309-0558

Keywords

  • European Union
  • Employee rights
  • Case law
  • Consultations
  • Dismissal

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Article
Publication date: 1 July 1970

McKEW v. HOLLAND & HANNEN & CUBITTS (SCOTLAND) LTD.

Reid, Hodson, Guest, Viscount Dilhorne and Upjohn

November 26, 1969 Master and Servant — Negligence — Injury to servant — Remoteness — Slight leg injury in course of employment — Second injury not at work caused through…

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November 26, 1969 Master and Servant — Negligence — Injury to servant — Remoteness — Slight leg injury in course of employment — Second injury not at work caused through jumping downstairs — Allegation that leg weakness caused second accident — Novus actus interveniens.

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Managerial Law, vol. 8 no. 4
Type: Research Article
DOI: https://doi.org/10.1108/eb021844
ISSN: 0309-0558

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Article
Publication date: 1 August 1974

LORD ADVOCATE (REPRESENTING THE SECRETARY OF STATE FOR EMPLOYMENT) v. DE ROSA AND OTHERS

Viscount Dilhorne, Hailsham of St. Marylebone, Simon of Glaisdale, Kilbrandon and Salmon

June 13, 1974 Master and Servant — Redundancy — Dismissal for redundancy — Redundancy payment — Computation of period of continuous employment — Transfer of business on…

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June 13, 1974 Master and Servant — Redundancy — Dismissal for redundancy — Redundancy payment — Computation of period of continuous employment — Transfer of business on undertaking — Contracts of Employment Act, 1963 (c. 49), Sch. 1 para. 10 (2) — Redundancy Payments Act, 1965 (c. 62), ss. 1, 3(1), (2), 13 (2), 24, Sch. 1, para. 1.

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Managerial Law, vol. 16 no. 6
Type: Research Article
DOI: https://doi.org/10.1108/eb022341
ISSN: 0309-0558

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Article
Publication date: 1 June 1970

JENKINS v. ALLIED FOUNDRIES LTD.

Reid, Hodson, Guest, Viscount Dilhorne and Upjohn

November 27, 1969 Factory — Maintenance — Floor — Freedom from Obstruction — Obligation — Foundry — Sand floor — Pieces of metal embedded — Whether “reasonably…

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November 27, 1969 Factory — Maintenance — Floor — Freedom from Obstruction — Obligation — Foundry — Sand floor — Pieces of metal embedded — Whether “reasonably practicable” to keep floor clear — Factories Act, 1961 (9 & 10 Eliz.II,c.34), s.28(1).

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Managerial Law, vol. 8 no. 3
Type: Research Article
DOI: https://doi.org/10.1108/eb021829
ISSN: 0309-0558

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Article
Publication date: 1 May 1973

NATIONAL DOCK LABOUR BOARD v. JOHN BLAND & CO. LTD.

Donovan, Viscount Dilhorne, Pearson, Diplock and Cross of Chelsea

May 25, 1971 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in…

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May 25, 1971 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of” Cardiff dock estates — Whether “dock work” — Whether timber still “cargo” — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s.6 — Docks and Harbours Act, 1966 (c. 28), ss. 51(3), 58 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I. 1967, No. 1252), Sch. 2, cl. 1 (3) proviso, App. 1.

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Managerial Law, vol. 14 no. 2
Type: Research Article
DOI: https://doi.org/10.1108/eb022201
ISSN: 0309-0558

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Article
Publication date: 1 March 1970

BAKER v. WILLOUGHBY

Reid, Guest, Viscount Dilhorne, Donovan and Pearson

November 26, 1969 Damages — Personal injuries — Assessment — Successive independent tortfeasors — Action for damages for injuries to leg sustained in road accident …

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November 26, 1969 Damages — Personal injuries — Assessment — Successive independent tortfeasors — Action for damages for injuries to leg sustained in road accident — Subsequent amputation of leg before trial due to injury by person other than defendant — Effect on assessment of damages for injuries inflicted by defendant — Disabilities due to concurrent causes — Whether damages to be diminished.

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Managerial Law, vol. 7 no. 6
Type: Research Article
DOI: https://doi.org/10.1108/eb021793
ISSN: 0309-0558

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Article
Publication date: 1 September 1967

DONAGHEY v. BOULTON AND PAUL LTD.

Viscount Dilhorne, Reid, Hodson, Guest and Pearson

January 20, 1967 Building — Safety regulations — “Edge of the roof” — Asbestos roof — Construction — Adjustment of badly laid sheet —Fall of workman through opening in…

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January 20, 1967 Building — Safety regulations — “Edge of the roof” — Asbestos roof — Construction — Adjustment of badly laid sheet —Fall of workman through opening in roof — Whether fall from edge — Applicability of regulation — Subcontractors' failure to comply with statutory requirements — Injury to subcontractors' employee — Liability of contractor — Whether contractor “undertaking” operations — Whether work “performed” by contractor — Building (Safety, Health and Welfare) Regulations, 1948 (S. I. 1948 No. 1145), regs. 4, 31(1), (3).

Details

Managerial Law, vol. 2 no. 6
Type: Research Article
DOI: https://doi.org/10.1108/eb021371
ISSN: 0309-0558

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