NCJ Number
96503
Date Published
1982
Length
17 pages
Annotation
The unfair dismissal legislation enacted in Great Britain's 1971 Industrial Relations Act has not led to a flood of litigation and now is generally welcomed and recognized by the trade unions.
Abstract
The law gives all employees, with certain exceptions, the right not to be unfairly dismissed by their employers. Employees may submit their complaints to an industrial tribunal. Certain reasons render dismissal automatically unfair, and in other cases the tribunal must determine whether the employer acted reasonably or unreasonably under the circumstances. The primary remedies are reinstatement or reengagement in a different but comparable job. If these orders are not made, the tribunal must award compensation. Statistics for 1979 reveal that only a tiny proportion of all complainants were reinstated or reengaged. The procedure for dealing with unfair dismissal complaints is accessible, speedy, and informal. All complaints are first sent to the Advisory, Conciliation and Arbitration Service (ASAC) before being scheduled for hearings. ACAS conciliation officers have a statutory duty to try and settle the complaint without a hearing, and about two thirds of all cases are resolved this way. Statistics suggest that small private service establishments predominate among unfair dismissal respondents. The law has been criticized for discouraging recruitment by small businesses, of being discriminatory to small employers who do not have formal disciplinary procedures, and for being too legalistic. Unions claim the odds of an employee winning are too low. Tables are supplied.