Annex C
A note on UK's Unfair Dismissal Legislation
The law on unfair dismissal in the United Kingdom
(UK) was introduced by the Industrial Relations Act 1971. The Act attempts to protect employees from unfair dismissal
by providing for reinstatement, re-engagement
compensation where an employee has been found by an industrial tribunal to have been unfairly dismissed.
2.
The
or
UK experience shows that there are many
enforcement problems. They include such difficulties as
how to define what is unfair or unreasonable, whether an
employer has acted fairly, the balance between job security
and rights of an employer to terminate an employment
contract, the establishment of a 'floor of rights' of
employment protection for employees, the added workload
created for the courts, and the increased COSIS and procedures in personnel management. Besides, there are
•
also doubts as to whether or not the main objective of the
unfair dismissal legislation, i.e. allowing unfairly
dismissed employees to be reinstated has been achieved as
reinstatement is awarded in only about one per cent of all
This may be due to the fact that :
unfair dismissal cases.
(a) the employees are reluctant to return to their
original work, fearing future victimization;
(b) the employers are unwilling to take back the
employees, for
fear of losing face, or that it
will undermine their authority; and