acca考试f公司法与商法总汇6.docVIP

2014年ACCA考试F4公司法与商法第十三章总汇6 本文由高顿ACCA整理发布，转载请注明出处 　　6 Unfair dismissal and redundancy: ERA 1996?　　6.1 Protection of the employee 　　(a) An employee may have two potential statutory claims against an employer following dismissal, unfair dismissal and redundancy. 　　(b) In both cases (unfair dismissal and redundancy) it is first necessary to establish a dismissal and that the applicant was employed under an employment contract.? 　　6.2 Unfair dismissal 　　(a) As a general rule, every employee has the right not to be unfairly dismissed. 　　(b) Exceptions: 　　(i) Those who have been continuously employed for less than one year, (“the qualifying period”). Employment will be continuous despite absences of up to 26 weeks for sickness or injury. 　　(ii) Those above normal retirement age. 　　(iii) Where there is a fixed term contract for one year or more and the parties have agreed in writing that the unfair dismissal provisions do not apply; (i.e. non-renewal will not give rise to a claim). 　　(c) The employer must show that the dismissal was fair. 　　(d) Justified reasons for dismissal: 　　Capability/Qualifications: Assessed by reference to skill, aptitude, health or any other physical or mental quality. Qualification means degrees, diplomas or relevant technical or professional qualifications. 　　Misconduct: Dependent on nature of employers business. In some companies, for example, drinking during working hours is a sackable offence. 　　Redundancy: See post 　　Legal prohibition in employment: For example, where a doctor has been struck off, or the loss of a driving licence where this is essential. 　　Other substantial reason: In employer’s discretion. 　　PLUS 　　Employer acted reasonably eg. – followed ACAS Code of Conduct. 　　“Did the employer act reasonably or unreasonably in treating the reason for dismissal as sufficient for dismissing the employee?” 　　(e) Certain reasons are automatically unfair: 　　(i) pregnancy (unless this makes her incapable of adequately doing her job); 　　(ii) me