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Dismissal

Find out more about the dismissals process with our selection of articles, links and guides to best practice and regulation.

Legal Alert

Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

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eBooks

The Library provides full text access to a selection of key business and reference eBooks from leading publishers. eBooks are available to logged-in ICAEW members, ACA students and other entitled users. If you are unable to access an eBook, please see our Help and support advice or contact library@icaew.com.

Terminating employment

This chapter covers the termination of employment and includes: types of termination; avoiding unfair dismissal; wrongful dismissal; constructive dismissal; rights of redundant workers including statutory redundancy payments.

Employment

This chapter on employment covers the difference between employees and contractors, terms of an employment contract, termination of employment , wrongful dismissal, unfair dismissal and redundancy.

Terms of use: You are permitted to access, download, copy, or print out content from eBooks for your own research or study only, subject to the terms of use set by our suppliers and any restrictions imposed by individual publishers. Please see individual supplier pages for full terms of use.

Acas guidance

Advice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.

 

Dismissing employees

Acas guidance on dismissing employees, including fair and unfair dismissals. Dismissal should be a last resort.

Online articles

The Library provides access to leading business, finance and management journals. These journals are available to logged-in ICAEW members, ACA students and other entitled users subject to suppliers' terms of use.

Most employment rights 'indispensable', says businesses. Survey finds majority want to avoid post-Brexit 'bonfire'

The article reports on the results of a survey to determine what laws employers feel are indispensable, despite Great Britain withdrawing from the European Union. It mentions unfair dismissal laws, minimum wage laws, as well as those laws regarding parental leave.

Mechanic wins unfair dismissal appeal after attack: Case highlights importance of policies and proper investigations, say legal experts.

The article reports on the finding by the Employment Appeal Tribunal in the case of Arnold Clark Automobiles v. Spoor that a former employee was improperly dismissed following a physical altercation with a co-worker. Emphasis is given to topics such as suspension of the employee by the human resources department, the application of disciplinary policies, and following the course of an investigation.

Court rules employees are liable for lost pension rights

The article reports that the Court of Appeal of Great Britain has ruled that employers could be liable to pay pension contributions to employees who are wrongly dismissed

Court rules how to handle ill-health dismissals

The article focuses on an unfair dismissal lawsuit filed against his former employer by a person. Dundee City Council in Scotland dismissed an employee in September 2009 after he was sick for 272 days because of stress and depression. The Employment Tribunal ruled in favour of the employee as it felt that the council did not conduct a thorough investigation into his health

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Continuity planning for HR - Brexit and beyond

Sandra Madigan March 2019

A practical guide intended to help businesses Identify HR risks arising from Brexit and plan for contingencies. Topics covered include supporting EU/EEA/Swiss employees in the UK; higher wage bill from currency fluctuations; reducing staffing to offset increased costs and delays; continuing to operate in the EU; business relocations; and keeping communications open with staff.

Dismissal

Chartered Institute of Personnel and Development,

A range of resources from the Chartered Institute of Personnel and Development, including factsheets and employment law FAQs.

If you need to self-isolate or cannot attend work due to coronavirus

Guidance for employers and workers on work absences due to COVID-19. It highlights the penalties for asking employees to work somewhere other than where they are self-isolating, when to tell employers if you must quarantine, Statutory Sick Pay, leave, dismissal, redundancy, reasonable adjustments, pregnancy and maternity, and returning to the workplace.

Statutory pay

HMRC

Collection of guidance for employees and additional detailed guidance for employers covering Statutory Sick Pay, Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, and penalties, disagreements and compromise agreements.

Articles and books in the Library collection

Click on the links below to see our catalogue record and holdings for each item. Please contact us if you would like to borrow a book or request a copy of an article.

Employment law handbook
(The Law Society, 2017)
This title includes chapters on: termination of employment; unfair and wrongful dismissal; dismissal foe whistleblowing; and redundancy.

New unfair dismissal regime
Small Business Tax and Finance, September 2013, p.33-34
A review of the government's efforts at reforming the unfair dismissal regime, assessing their potential impact on employers and employees.

The complete dismissal package: all you need to know about disciplinary procedures, workplace mediation and tribunal claims
(Indicator FL Memo, 2013)
This book aims to cover every intricate detail of the dismissal process, with practical tips for employers and an appendix of sample documents.

Find more articles and books

To find out how you can borrow books from the Library please see our guide to book loans.

You can obtain copies of articles or extracts of books and reports by post, fax or email through our document supply service.

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