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Royaume-Uni - Conditions de fond du licenciement
+ show references
- Employment Rights Act [ERA], 1996 (c. 18) as amended, consolidated version dated October 1st, 2011.
(Note however that the latest amendments enacted in 2012 are not included in the electronic revised version. The relevant amendments adopted in 2012 are listed below)
Date: 01 Oct 2011; voir le site internet
»
- The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order, 30 March 2012 (SI 2012/989), coming into force 6 April 2012, amending sec. 108(1) of the Employment Rights Act 1996
Date: 30 Mar 2012; voir le site internet
»
- Trade Union and Labour Relations (Consolidation) Act [TULRCA],1992 (c. 52) as amended. Consolidated version dated 1st February 2010.
Note that subsequent amendments of 2011 and 2012 are not included in the consolidated version; however, they have bee reviewed by the researchers up to The Pensions Act 2008 (Commencement No. 13) Order 2012 of 28 June 2012 (SI 2012/1682)
Date: 28 Jun 2012; voir le site internet
»
- Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations [FTER], 2002
Date: 30 Jul 2002; voir le site internet
»
- Employment Tribunal Acts [ETA], 1996 (c. 17) as amended. Consolidated version dated 15 December 2007.
[Note however that not all amendments are included in the electronic revised version provided below. Subsequent amendments up to SI 2012/988 (link provided below) have been reviewed by the researchers].
Date: 30 Mar 2012; voir le site internet
»
- The Employment Tribunals Act 1996 (Tribunal Composition) Order, 30 March 2012 (SI 2012/988), coming into force 6 April 2012, amending the Employment Tribunals Act 1996.
Date: 30 Mar 2012; voir le site internet
»
: OuiNOTE: This information has changed since the previous period covered. Remarks: - Sec. 92 ERA as amended by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012): Upon request, an employee is entitled to a written statement of the reasons for dismissal provided than he has been employed for at least two years [New as of 6 April 2012: previously 1 year].
However employees dismissed during pregnancy, maternity or adoption leave have the right to receive such statement without having to request it and regardless of the length of service.
: tout motif légitimeRemarks: - There are six potentially fair reasons for dismissal under section 98 of the ERA:
- the employee's capability or qualifications for performing work of the kind he or she was employed to do;
- the employee's conduct;
- the employee's retirement;
- the employee's redundancy;
- the employee could not continue to work in the position which he or she held without contravention (either on his or her part or that of the employer) of a statutory duty or restriction;
- "some other substantial reason" justifying the dismissal of an employee holding the position that he or she held.
: grossesse
; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle
; religion
; affiliation et activités syndicales
; handicap; congé parental; dénoncer des violations; congé d'adoption
; soulever des questions de santé et sécurité au travail; participation à un jury populaire; antécédents judiciaires ou non révélation de ces antécédents; origine ethniqueRemarks: - A dismissal is also automatically unfair if the principal reason for it involves:
* leave for family reasons (includes pregnancy, maternity/paternity/adoption/parental leave): sec. 99 ERA;
* employee representatives: sec. 103 ERA, trade union membership and activities and refusal to belong to a trade union: sec. 152 (1) of the Trade Union and Labour Relations (Consolidation) Act (TULRCA);
* bringing proceedings against the employer to enforce a statutory right: sec. 104 ERA; (see also 104A to 104D ERA: enforcement of a right related to national minimum wage, flexible hours, tax credit and pension enrolment)
* race, ethnic or national origin: Sec 4 (2) b and 4 (4A) of the Race Relations Act 1976 (c. 74) as subsequently amended;
* sex: sec. 6 (2) of the Sex Discrimination Act 1975 (c. 65), as subsequently amended;
* disability: sec. 4 (2) b) of the Disability Discrimination Act 1995 8c. 50) as subsequently amended.
* age: sec. 7 (2) d) of the The Employment Equality (Age) Regulations 2006 (No. 1031), as amended;
* religion and belief: sec. 6 (2) d) of the Employment Equality (Religion or Belief) Regulations 2003 (No. 1660), as amended;
* sexual orientation: sec. 6 2) d) of the The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), as amended;
* safety representatives raising health and safety concerns: sec. 100, ERA;
* jury service: sec. 98B ERA;
* New in 2010: a prohibited blacklist of trade union members in certain circumstances (sec. 104E ERA, as inserted by Regulation 12 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.
In addition, a dismissal is also automatically unfair if the principal reason for it involves:
- unfair selection for redundancy (sec. 105 ERA), transfer of an undertaking (sec. 7(1), Transfer of Undertakings (Protection of Employment) Regulations, 2006), (i.e. unless the dismissal is justified by an economic, technical or organizational reason entailing a change in the workforce), conviction of an offence or failure to disclose such a conviction when the conviction is 'spent' within the meaning of the Rehabilitation of Offenders Act 1974 (sec. 4(3)(b));
- industrial pressure exercised on the employer (e.g. if employees threaten to start industrial action unless a certain employee is not dismissed) (sec. 107, ERA);
- shop workers and betting workers who refuse Sunday work (sec. 101, ERA); and
- trustees of occupational pension schemes (sec. 102, ERA).
: aucun groupe protégéRemarks: - No additional protection for specific category of workers besides the prohibition of dismissals based on the above-mentioned reasons.
+ show references
- Employment Rights Act [ERA], 1996 (c. 18) as amended, consolidated version dated February 1st, 2011
Date: 01 Feb 2011; voir le site internet
»
- Trade Union and Labour Relations (Consolidation) Act [TULRCA],1992 (c. 52) as amended. Consolidated version dated 1st February 2010.
Date: 01 Feb 2010; voir le site internet
»
- Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations [FTER], 2002.
Date: 30 Jul 2002; voir le site internet
»
- Employment Tribunal Act [ETA], 1996 (c. 17) , as amended. Consolidated version dated 15 December 2007.
[Note however that not all amendments are included in the electronic revised version provided below. Subsequent amendments up to SI 2010/2279 of 15 September 2010 have been reviewed by the researchers].
Date: 15 Sep 2010; voir le site internet
»
: OuiRemarks: - Sec. 92 ERA: Upon request, an employee is entitled to a written statement of the reasons for dismissal provided than he has been employed for at least a year.
However employees dismissed during pregnancy, maternity or adoption leave have the right to receive such statement without having to request it and regardless of the length of service.
: tout motif légitimeRemarks: - There are six potentially fair reasons for dismissal under section 98 of the ERA:
- the employee's capability or qualifications for performing work of the kind he or she was employed to do;
- the employee's conduct;
- the employee's retirement;
- the employee's redundancy;
- the employee could not continue to work in the position which he or she held without contravention (either on his or her part or that of the employer) of a statutory duty or restriction;
- "some other substantial reason" justifying the dismissal of an employee holding the position that he or she held.
: grossesse
; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle
; religion
; affiliation et activités syndicales
; handicap; congé parental; dénoncer des violations; congé d'adoption
; soulever des questions de santé et sécurité au travail; participation à un jury populaire; antécédents judiciaires ou non révélation de ces antécédents; origine ethniqueRemarks: - A dismissal is also automatically unfair if the principal reason for it involves:
* leave for family reasons (includes pregnancy, maternity/paternity/adoption/parental leave): sec. 99 ERA;
* employee representatives: sec. 103 ERA, trade union membership and activities and refusal to belong to a trade union: sec. 152 (1) of the Trade Union and Labour Relations (Consolidation) Act (TULRCA);
* bringing proceedings against the employer to enforce a statutory right: sec. 104 ERA; (see also 104A to 104D ERA: enforcement of a right related to national minimum wage, flexible hours, tax credit and pension enrolment)
* race, ethnic or national origin: Sec 4 (2) b and 4 (4A) of the Race Relations Act 1976 (c. 74) as subsequently amended;
* sex: sec. 6 (2) of the Sex Discrimination Act 1975 (c. 65), as subsequently amended;
* disability: sec. 4 (2) b) of the Disability Discrimination Act 1995 8c. 50) as subsequently amended.
* age: sec. 7 (2) d) of the The Employment Equality (Age) Regulations 2006 (No. 1031), as amended;
* religion and belief: sec. 6 (2) d) of the Employment Equality (Religion or Belief) Regulations 2003 (No. 1660), as amended;
* sexual orientation: sec. 6 2) d) of the The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), as amended;
* safety representatives raising health and safety concerns: sec. 100, ERA;
* jury service: sec. 98B ERA;
* New in 2010: a prohibited blacklist of trade union members in certain circumstances (sec. 104E ERA, as inserted by Regulation 12 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.
In addition, a dismissal is also automatically unfair if the principal reason for it involves:
- unfair selection for redundancy (sec. 105 ERA), transfer of an undertaking (sec. 7(1), Transfer of Undertakings (Protection of Employment) Regulations, 2006), (i.e. unless the dismissal is justified by an economic, technical or organizational reason entailing a change in the workforce), conviction of an offence or failure to disclose such a conviction when the conviction is 'spent' within the meaning of the Rehabilitation of Offenders Act 1974 (sec. 4(3)(b));
- industrial pressure exercised on the employer (e.g. if employees threaten to start industrial action unless a certain employee is not dismissed) (sec. 107, ERA);
- shop workers and betting workers who refuse Sunday work (sec. 101, ERA); and
- trustees of occupational pension schemes (sec. 102, ERA).
: aucun groupe protégéRemarks: - No additional protection for specific category of workers besides the prohibition of dismissals based on the above-mentioned reasons.
+ show references
- Employment Rights Act [ERA], 1996 (c. 18) as amended, consolidated version dated 5 May 2010.
Date: 05 May 2010; voir le site internet
»
- Trade Union and Labour Relations (Consolidation) Act [TULRCA],1992 (c. 52) as amended. Consolidated version dated 1st February 2010.
Date: 01 Feb 2010; voir le site internet
»
- Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations [FTER], 2002.
Date: 30 Jul 2002; voir le site internet
»
- Employment Tribunal Act [ETA], 1996 (c. 17) as amended. Consolidated version dated 15 December 2007.
[Note however that not all amendments are included in the electronic revised version provided below. Subsequent amendments up to SI 2010/2279 of 15 September 2010 have been reviewed by the researchers].
Date: 15 Sep 2010; voir le site internet
»
: OuiRemarks: - Sec. 92 ERA: Upon request, an employee is entitled to a written statement of the reasons for dismissal provided than he has been employed for at least a year.
However employees dismissed during pregnancy, maternity or adoption leave have the right to receive such statement without having to request it and regardless of the length of service.
: tout motif légitimeRemarks: - There are six potentially fair reasons for dismissal under section 98 of the ERA:
- the employee's capability or qualifications for performing work of the kind he or she was employed to do;
- the employee's conduct;
- the employee's retirement;
- the employee's redundancy;
- the employee could not continue to work in the position which he or she held without contravention (either on his or her part or that of the employer) of a statutory duty or restriction;
- "some other substantial reason" justifying the dismissal of an employee holding the position that he or she held.
: affiliation et activités syndicales
; grossesse
; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle
; religion
; handicap; congé parental; dénoncer des violations; congé d'adoption
; soulever des questions de santé et sécurité au travail; participation à un jury populaire; antécédents judiciaires ou non révélation de ces antécédents; origine ethniqueNOTE: This information has changed since the previous period covered. Remarks: - A dismissal is also automatically unfair if the principal reason for it involves:
* leave for family reasons (includes pregnancy, maternity/paternity/adoption/parental leave): sec. 99 ERA;
* employee representatives: sec. 103 ERA, trade union membership and activities and refusal to belong to a trade union: sec. 152 (1) of the Trade Union and Labour Relations (Consolidation) Act (TULRCA);
* bringing proceedings against the employer to enforce a statutory right: sec. 104 ERA; (see also 104A to 104D ERA: enforcement of a right related to national minimum wage, flexible hours, tax credit and pension enrolment)
* race, ethnic or national origin: Sec 4 (2) b and 4 (4A) of the Race Relations Act 1976 (c. 74) as subsequently amended;
* sex: sec. 6 (2) of the Sex Discrimination Act 1975 (c. 65), as subsequently amended;
* disability: sec. 4 (2) b) of the Disability Discrimination Act 1995 8c. 50) as subsequently amended.
* age: sec. 7 (2) d) of the The Employment Equality (Age) Regulations 2006 (No. 1031), as amended;
* religion and belief: sec. 6 (2) d) of the Employment Equality (Religion or Belief) Regulations 2003 (No. 1660), as amended;
* sexual orientation: sec. 6 2) d) of the The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), as amended;
* safety representatives raising health and safety concerns: sec. 100, ERA;
* jury service: sec. 98B ERA;
* New in 2010: a prohibited blacklist of trade union members in certain circumstances (sec. 104E ERA, as inserted by Regulation 12 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.
In addition, a dismissal is also automatically unfair if the principal reason for it involves:
- unfair selection for redundancy (sec. 105 ERA), transfer of an undertaking (sec. 7(1), Transfer of Undertakings (Protection of Employment) Regulations, 2006), (i.e. unless the dismissal is justified by an economic, technical or organizational reason entailing a change in the workforce), conviction of an offence or failure to disclose such a conviction when the conviction is 'spent' within the meaning of the Rehabilitation of Offenders Act 1974 (sec. 4(3)(b));
- industrial pressure exercised on the employer (e.g. if employees threaten to start industrial action unless a certain employee is not dismissed) (sec. 107, ERA);
- shop workers and betting workers who refuse Sunday work (sec. 101, ERA); and
- trustees of occupational pension schemes (sec. 102, ERA).
: aucun groupe protégéRemarks: - No additional protection for specific category of workers besides the prohibition of dismissals based on the above-mentioned reasons.
+ show references
- Employment Rights Act [ERA], 1996 (c. 18) as amended, consolidated version dated 6 April 2009.
Date: 06 Apr 2009; voir le site internet
»
- Trade Union and Labour Relations (Consolidation) Act [TULRCA],1992 (c. 52) as amended. Consolidated version dated 6 April 2009.
Date: 06 Apr 2009; voir le site internet
»
- Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations [FTER], 2002.
Date: 30 Jul 2002; voir le site internet
»
- Employment Tribunal Act [ETA], 1996 (c. 17) as amended. Consolidated version date 15 December 2007.
[Note however that not all amendments are included in the electronic revised version provided below. Subsequent amendments up to SI 2009/2401 of 9 September 2009 have been reviewed by the researchers].
Date: 09 Sep 2009; voir le site internet
»
: OuiRemarks: - Sec. 92 ERA: Upon request, an employee is entitled to a written statement of the reasons for dismissal provided than he has been employed for at least a year.
However employees dismissed during pregnancy, maternity or adoption leave have the right to receive such statement without having to request it and regardless of the length of service.
: tout motif légitimeRemarks: - There are six potentially fair reasons for dismissal under section 98 of the ERA:
- the employee's capability or qualifications for performing work of the kind he or she was employed to do;
- the employee's conduct;
- the employee's retirement;
- the employee's redundancy;
- the employee could not continue to work in the position which he or she held without contravention (either on his or her part or that of the employer) of a statutory duty or restriction;
- "some other substantial reason" justifying the dismissal of an employee holding the position that he or she held.
: grossesse
; congé de matérnité; avoir déposé une plainte contre l'employeur; race; sexe; orientation sexuelle
; religion
; handicap; congé parental; dénoncer des violations; congé d'adoption
; soulever des questions de santé et sécurité au travail; participation à un jury populaire; antécédents judiciaires ou non révélation de ces antécédents; affiliation et activités syndicales
; origine ethniqueRemarks: - A dismissal is also automatically unfair if the principal reason for it involves:
* leave for family reasons (includes pregnancy, maternity/paternity/adoption/parental leave): sec. 99 ERA;
* employee representatives: sec. 103 ERA, trade union membership and activities and refusal to belong to a trade union: sec. 152 (1) of the Trade Union and Labour Relations (Consolidation) Act (TULRCA);
* bringing proceedings against the employer to enforce a statutory right: sec. 104 ERA; (see also 104A to 104D ERA: enforcement of a right related to national minimum wage, flexible hours, tax credit and pension enrolment)
* race, ethnic or national origin: Sec 4 (2) b and 4 (4A) of the Race Relations Act 1976 (c. 74) as subsequently amended;
* sex: sec. 6 (2) of the Sex Discrimination Act 1975 (c. 65), as subsequently amended;
* disability: sec. 4 (2) b) of the Disability Discrimination Act 1995 8c. 50) as subsequently amended.
* age: sec. 7 (2) d) of the The Employment Equality (Age) Regulations 2006 (No. 1031), as amended;
* religion and belief: sec. 6 (2) d) of the Employment Equality (Religion or Belief) Regulations 2003 (No. 1660), as amended;
* sexual orientation: sec. 6 2) d) of the The Employment Equality (Sexual Orientation) Regulations 2003 (No. 1661), as amended;
* safety representatives raising health and safety concerns: sec. 100, ERA;
* jury service: sec. 98B ERA.
In addition, a dismissal is also automatically unfair if the principal reason for it involves:
- unfair selection for redundancy (sec. 105 ERA), transfer of an undertaking (sec. 7(1), Transfer of Undertakings (Protection of Employment) Regulations, 2006), (i.e. unless the dismissal is justified by an economic, technical or organizational reason entailing a change in the workforce), conviction of an offence or failure to disclose such a conviction when the conviction is 'spent' within the meaning of the Rehabilitation of Offenders Act 1974 (sec. 4(3)(b));
- industrial pressure exercised on the employer (e.g. if employees threaten to start industrial action unless a certain employee is not dismissed) (sec. 107, ERA);
- shop workers and betting workers who refuse Sunday work (sec. 101, ERA); and
- trustees of occupational pension schemes (sec. 102, ERA).
: aucun groupe protégéRemarks: - No additional protection for specific category of workers besides the prohibition of dismissals based on the above-mentioned reasons.
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