{"title":"15. 公司非法解雇","authors":"D. Cabrelli","doi":"10.1093/HE/9780198813149.003.0015","DOIUrl":null,"url":null,"abstract":"This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.","PeriodicalId":345636,"journal":{"name":"Employment Law in Context","volume":"47 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"15. Wrongful Dismissal\",\"authors\":\"D. Cabrelli\",\"doi\":\"10.1093/HE/9780198813149.003.0015\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.\",\"PeriodicalId\":345636,\"journal\":{\"name\":\"Employment Law in Context\",\"volume\":\"47 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-09-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Employment Law in Context\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/HE/9780198813149.003.0015\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Employment Law in Context","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/HE/9780198813149.003.0015","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
This chapter examines the legal consequences where an employer lawfully or unlawfully terminates the contract of employment. It considers the competing elective theory of termination and automatic theory of termination, along with statutory intervention in the form of minimum periods of notice set out in section 86 of the Employment Rights Act 1996. Stress is placed on the importance of using the correct terminology in this area of the law and bilateral, unilateral, and non-lateral terminations are defined. Further discussion covers suspension of contract and the conduct of disciplinary hearings. Finally, the remedies available to employees in the case of a wrongful dismissal are addressed, including the circumstances in which a claim for damages is likely to be successful.