Download A Guide to Redundancy Law by Edward Benson (auth.) PDF

By Edward Benson (auth.)

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Extra resources for A Guide to Redundancy Law

Sample text

Harman v. Flexible Lamps Ltd ([1980] IRLR 418). A example of frustration of such a contract occurred in Hart v. Marshall ([1977]IRLR 51), but this case was exceptional. Mr Hart was a key employee without whom the business could not carry on for any length of time. He contracted dermatitis in April 1974. He was fit for work again in January 1976, but by that time the employers had appointed a replacement. No steps had been taken to dismiss him, but that was because of the casual way in which the employers did everything.

Termination by the employer with no or insufficient notice is regarded as a fundamental breach of contract (unless, as explained above, the employee has himself committed a fundamental breach). The contract thus ends when the employee 'accepts' that breach, which he usually has no option but to do (Gunton v. London Borough of Richmond-upon- Thames [1980] IRLR 321). 90(1)(b)). A termination 'takes effect' when the employee ceases to attend his place of employment - there is no need to wait for some technical act of 'acceptance' (Dedman v.

86). EVENTS WHICH ARE NOT DISMISSALS Termination of an employment contract in any way other than those defined as dismissals by statute, is not a dismissal for redundancy pay purposes. Completing the Task for Which Employed A contract which is stated to run until the task to be performed is completed does not end by dismissal. On completion, a contract to do a specific task is performed and comes to an end through no act of either party. In Ryan v. Shipboard Maintenance ([1980) IRLR 16), Mr Ryan was employed on a series of contracts to do specific jobs.

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