The Current Developments in Recruitment and Termination Law: Are They Encouraging to Workers and Trade Unions?

The Current Developments in Recruitment and termination law: Are they encouraging to Workers and Trade Unions?

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[Word Count: 1,987]

Introduction

The court of appeal, when dealing with employment cases, receives the appeals from tribunals. The case is first presented to the Employment Tribunal, and the appeal from it is brought before the Employment Appeal Tribunal, and the appeal from it is the one brought before the court of appeal^[1]. Most people may not be overly confident in the tribunals as they are in a court of appeal, but the decisions made by both tribunals are binding^[2]. It has been thought that the rulings made in the tribunals and by the court of appeal, in the past, have not been favorable to workers and trade unions, and has focused more on the theoretical approach of the law instead of viewing circumstances both subjectively and objectively^[3]. However, a lot of changes seems to have been realized in the favor of workers and trade unions. This paper discusses the changes in regard to labour laws, drawing from recent cases to ascertain whether this is encouraging to 2013 workers and trade unions.

Special focus is directed onsummary dismissal, transfer of employees agreements and summary dismissal , considering that these are crucial tenets of employment law.

Summary dismissal

        It occurs when a person is dismissed instantly without notice or pay in lieu of notice^[4]. A summary dismissal can be fair due to gross misconduct, or if there is, a contract in writing that allows it. A dismissal is said to be unfair when the employer has not adhered to the correct procedure^[5].  Here, it is noted that the Employment Act also provides for the right of an employee. They are supposed to submit a complaint relating to his dismissal from employment to the tribunal  within three months  of dismissal, where he is of the opinion that he was dismissed without cause regardless of whether notice was given or not^[6]. In the case of Scott v Russell,^[7] the court of appeal critically examined an appeal that had been dismissed by the employment appeal tribunal where the claimant’s claims were said to be vexatious, and he was ordered to pay the defendant’s costs as the defendant was dismissed without the proper procedure. This appeal was made on 12.11.2013 but did not overturn the 2012 hearing in the tribunals. Therefore, it cannot be said that on the issue that the court of appeal really favored the claimant.Cases on summary dismissal have, therefore, not experienced such changes that are envisioned by the court of appeal or this could be applicable to some cases as opposed to others.