Unfair dismissalE+W+S
6 Determination of unfair dismissal E+W+S
In section 57(3) of the 1978 Act (determination of question of fairness to depend on whether employer can satisfy tribunal that he acted reasonably) for the words from “the employer can” to the end there shall be substituted the words “ in the circumstances (including the size and administrative resources of the employer’s undertaking) the employer acted reasonably or unreasinably in treating it as a sufficient reason for dismissing the employee ; and that question shall be determined in accordance with equity and the susbtantial merits of the case ”.
Modifications etc. (not altering text)
C1The text of s. 6 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S
8 Exclusion of rights. E+W+S
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 142(1) of the 1978 Act (which provides that section 54 does not apply in relation to a contract for a fixed term of two years or more) for the words “two years” there shall be substituted the words “ one year ”.
Textual Amendments
F2S. 8(1) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1.
Modifications etc. (not altering text)
C2The text of s. 8 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991
9 Basic award. E+W+S
(1)Section 73 of the 1978 Act (calculation of a basic award for unfair dismissal) shall be amended as follows.
(2)In subsection (1) (provisions to which calculation of basic award is subject)—
(a)after paragraph (b) there shall be inserted—
“(ba)subsection (7A) (which provides for the amount of the award to be reduced where the employee has unreasonably refused an offer of reinstatement) ;
(bb)subsection (7B) (which provides for the amount of the award to be reduced because of the employee’s conduct) ;” and
(b)paragraph (c) shall cease to have effect.
(3)In subsection (3) (calculation by reference to number of years of employment) for paragraphs (b) and (c) there shall be substituted—
“(b)one week’s pay for each year of employment not falling within paragraph (a) which consists wholly of weeks in which the employee was not below the age of twenty-two ; and
(c)half a week’s pay for each such year of employment not falling within paragraphs (a) and (b).”.
(4)After subsection (7) there shall be inserted—
“(7A)Where the tribunal finds that the complainant has unreasinably refused an offer by the employer which if accepted would have had the effect of reinstating the complainant in his employment in all respects as if he had not been dismissed, the tribunal shall reduce or further reduce the amount of the basic award to such extent as it considers just and equitable having regard to that finding.
(7B)Where the tribunal considers that any conduct of the complainant before the dismissal (or, where the dismissal was with notice, before the notice was given), other than conduct taken into account by virtue of subsection (7), was such that it was just and equitable to reduce or further reduce the amount of the basic award to any extent, the tribunal shall reduce or further reduce that amount accordingly.”.
(5)Subsection (8) (minimum basic award of two week’s pay) shall cease to have effect.
Modifications etc. (not altering text)
C3The text of s. 9 is in the form in which it was originally enacted: it was not reproduced in the Statutes in Force and does not reflect any amendments or repeals that may have been made prior to 1.2.1991