Dismissal

Your employer has been constantly berating you, making offensive comments and failed to investigate an incident where colleagues mistreated you. You decide to resign. This is a type of:

• Unfair Dismissal

• Constructive dismissal

• Wrongful dismissal

For automatically unfair dismissals, you still need to have been employed for two years in order to qualify for protection.

• True

• False

Automatically unfair dismissal is provided in:

• S.98

• S.95

• S.108

The burden of proof is on the Employer to show that the employee has been dismissed.

• True

• False

According to British Home Stores v Burchell Once the employer must show that the reason for the dismissal of the employee was one of the five reasons in s.98 and, it must satisfy the employment tribunal that its decision to dismiss fell within the "band of reasonable responses" open to it.

• True

• False

Haddon v Van den Bergh Foods (1999) implied that the “band of reasonable responses” test should not be used.

 

• True

• False

According to Haddon v Van den Bergh Foods (1999) what should be taken into account was:

• whether the decision to dismiss was unreasonable in the light of the facts known to the employer

• whether the decision to dismiss was unreasonable in the light of the facts known to the employee

In Haddon v Van den Bergh Foods, it was held that

• The tribunal had failed to look properly at how the test of the reasonableness of the employer’s decision was to be assessed.

• The tribunal was correct in its decision to imply that the test of the reasonableness of the employer’s decision should NOT be used

The “no-difference rule” is otherwise known as “the rule in British Labour Pump v Byrne”

• True

• False

You have been fired because you refused to give up your working time rights. This is:

• Wrongful

• Unfair D

• Automatically unfair dismissal

• Constructive Dismissal