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单词 substantive fairness
释义

substantive fairness
A key part of the law on unfair dismissal. For one of the potentially fair reasons for dismissal to be considered fair, it must be considered both substantively and procedurally fair. Determining substantive fairness places the focus on reasonableness (Employment Rights Act 1996, Employment Act 2002).

For these purposes, the concept of reasonableness is determined using the band of reasonable responses test, against which the employer’s conduct will be assessed. If dismissing for the reason established falls within a band of responses that would be considered as potential action by a reasonable employer in the same circumstances, then the dismissal will be deemed to be substantively fair; if it falls outside of this band. then it will be deemed to be substantively unfair (HSBC Bank v Madden [2000] EWCA Civ 3030; Iceland Frozen Foods Ltd v Jones [1982] UKEAT 62_82_2907.

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更新时间:2025/4/4 3:22:39