法律英语词汇“unfair dismissal”的翻译、意思、用法、释义-法律词典

单词

unfair dismissal

释义

unfair dismissal

unfair dismissal in the employment law of the UK, a termination of the employment of a worker for a reason that is not permitted under statute. This area of law is statutory and is superimposed on the common law of employment. An employee is 'dismissed' if the employment is terminated without notice or where a fixed term con- tract expires without notice. There are 'constructive' dismissals, where the employee terminates because of the employer's conduct. FRUSTRATION, as by a long illness, might not be a dismissal. As to 'unfair', the law deems a dismissal as a result of trade union mem- bership or activity or non-membership of a trade union as unfair. Pregnancy is deemed to be an unfair reason. Making a person redun- dant can be unfair if the employee was wrongly selected. The gener- al rule as to fairness depends upon two factors:

(1) whether the reason for dismissal related to the employee's capa-

bility, qualification or conduct or was that the employee was redun- dant or that his continued employment would itself be a breach of the law or whether there was some other substantial reason of a kind such as to justify dismissal; and

(2) whether having regard to the reason shown, the employer acted reasonably or unreasonably in the circumstances in treating that rea- son as sufficient reason for dismissal. The employer must show the reason for the dismissal. There is no burden of proof either way in

393

unfair prejudice

relation to the proof of the reasonableness of the dismissal. The test applied is the test of the reasonable employer.

The remedies available for unfair dismissal are of considerable practical importance in that the remedies are of a special nature. The cases are dealt with not by the ordinary courts but by the EMPLOY- MENT TRIBUNALS. The principal remedy is reinstatement, which gives the employee his job back just as if he had never been unfairly dis- missed in the first place, with the same rights and seniority as he had before. Re-engagement is a lesser remedy, the employee being re-hired in a job similar to the one he lost but not with the same continuity and seniority. Various factors are considered in making such an order, and it may not be granted, either because the employee does not want to go back or because the employer offers to demonstrate that it would be impractical to have the employee back again. The alternative remedy is a payment comprising a basic award resem- bling a REDUNDANCY PAYMENT, and a compensatory award that is to be just and reasonable. The award may be reduced insofar as the employee has contributed to his own dismissal. There are limits on the maximum that can be paid (£50,000 at the time of writing) in ordinary cases but no limits in some others, like SEX DISCRIMINATION cases. If an employer is ordered to reinstate or re-engage and does not do so, the tribunal may award a further 13–26 weeks' pay (26–52 in cases of sex discrimination or RACIAL DISCRIMINATION).

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