TNAG-2817-FCO40-4063-Future-of-Hong-Kong-Sino-British-Joint-Liaison-Group-sub-gro-1993 — Page 62

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