Coursework Lecturer: Malika Mukimova

Coursework
Lecturer: Malika Mukimova
Student ID: 00007542
Deadline for submission: 04.03.2022

Topic: Supporting your answer with relevant sources, critically analyse differences between concepts of the unfair and wrongful dismissal in UK employment law.

List of contents

List of contents 1
Introduction 1
Wrongful dismissal 2
Unfair dismissal 4
Differences between Unfair and Wrongful dismissal 6
Bibliography 7

Introduction

The UK has a very liberal labour market with minimal interference from the legislature and no rigid administration. Labour relations in this country were formed at the turn of the 19th and 20th centuries based on the common law of contracts, thus enshrining legal restrictions on working hours, maternity, rights of associations, and minimum wages. The history of the regulation of labour relations through the employment contract goes back more than 150 years. It is characterized by a high level of flexibility and is easily adapts easily to new economic relations. This contractual regulation of labour has been the reason why the notion of the individual employment relationship in the UK has been unjustly forgotten and replaced by the contract of employment. In the UK, the parties to an employment contract are free to choose the type and terms of the contract, except for imperative norms included in the employment contract through current legislation. The role of centralized regulation is mainly in protecting employees from discriminatory and unfair acts of the employer. It should be noted that the uniqueness of the UK experience in the regulation of labour relations lies in the diversity of methods and sources of legal regulation, which include the rules developed over the centuries through the system of case law. The UK’s legislation does not contain a single list of grounds for termination of employment. Even the very concept of termination is disclosed only through the system of judicial precedents. At the same time, the statutory law of the country contains a definition of "dismissal" which, however, will not always be a termination of the employment contract, since only in the case of a dismissal employee can invoke the protections of unfair dismissal.