Employees are the most important asset in every business as they are the driving force behind a company’s success. However, there are also certain situations where an employee’s conduct or lack of knowledge severely harms a business. Therefore, employers need ways to unilaterally terminate the employment relationship with an employee (Konnert, 2005). The termination of a contract by an employer is also known as dismissal.
As a dismissal is a one-sided action by the employer, the employee needs to be protected from this action in case the employer takes advantage of his power. This protection is usually granted through the legislation in a country.
This report will therefore critically analyse the possibilities for an employer to unilaterally dismiss an employee in the United Kingdom and Germany. In doing so the different types of dismissal will be presented and a further focus will be on the options employees have to protect themselves from being unfairly dismissed. Prior to this, the report will briefly comment on the employment law in the United Kingdom and Germany.
Table of Contents
1 Introduction
2 Employment Law in the UK and Germany
3 Termination of Contracts by the Employer in the United Kingdom
3.1 Dismissal by Notice
3.2 Wrongful Dismissal
3.3 Unfair Dismissal
3.4 Constructive Dismissal
4 Termination of Contracts by the Employer in Germany
4.1 Ordinary Dismissal
4.2 Dismissal for Good Cause
5 Conclusion
Objectives and Topics
The primary objective of this report is to critically analyze and compare the legal frameworks governing the unilateral termination of employment by employers in the United Kingdom and Germany. It investigates how different jurisdictions protect employees against unfair dismissal and examines the specific procedural and substantive requirements for lawful termination in both countries.
- Legal sources of employment law in the UK and Germany
- Types of lawful dismissal (e.g., dismissal by notice, wrongful, unfair, and constructive)
- Statutory requirements for notice periods and protection against dismissal
- Role of works councils and social justification in German employment law
- Comparison of remedies available to employees in both jurisdictions
Excerpt from the Book
3.2 Wrongful Dismissal
At common law, a dismissal “without notice or with inadequate notice will constitute a wrongful dismissal” (Holland and Burnett, 2014, p. 213) because the employee was dismissed in breach of contract (Phillips and Scott, 2013).
A summary dismissal without prior notice is only lawful if the employee is guilty of a severe breach of contract by “behaving in a way that constitutes gross misconduct” (Welch and Strevens, 2013, p. 138). This is known as a `repudiatory breach´. As there is no standard test to examine whether misconduct is gross, courts often have to decide whether a dismissal was lawful. The case of Laws v London Chronicle Ltd [1959] 2 All ER 285, where a personal assistant was dismissed without notice for wilful disobedience but made a complaint for wrongful dismissal, is a good example for this.
Although any employee who was wrongfully dismissed will have to accept the dismissal, he still can claim damages for wrongful dismissal and take the case either to a court or tribunal (Phillips and Scott, 2013; Jones, 2013). Damages “compensate the employee for the actual loss suffered as a result of the wrongful dismissal” (Welch and Strevens, 2013, p. 148). They usually consist of the salary that would have been earned by the employee if the contract had been terminated by the employer giving proper notice (Welch and Strevens, 2013) which was also confirmed by the case Boyo v Lambeth London Borough Council [1994] ICR 727. All employees can claim damages for wrongful dismissal if there was a breach of contract by the employer.
Summary of Chapters
1 Introduction: This chapter outlines the importance of human resources in business and introduces the report's aim to compare dismissal regulations in the UK and Germany.
2 Employment Law in the UK and Germany: This section provides an overview of the legal sources in both countries, highlighting the difference between British common law and the German codified system.
3 Termination of Contracts by the Employer in the United Kingdom: This chapter details the various forms of dismissal in the UK, including wrongful, unfair, and constructive dismissal, alongside statutory notice requirements.
4 Termination of Contracts by the Employer in Germany: This section explores the German legal framework for ordinary and extraordinary dismissal, emphasizing the role of the works council and the Protection Against Dismissal Act.
5 Conclusion: This final chapter synthesizes the comparison, noting that while German law offers higher levels of employee protection, UK law provides more versatile remedies for unfair dismissal claims.
Keywords
Employment Law, Unfair Dismissal, Wrongful Dismissal, Constructive Dismissal, Notice Periods, Works Council, UK, Germany, Employment Contract, Termination, Labour Court, Gross Misconduct, Statutory Rights, Dismissal for Good Cause, Social Justification.
Frequently Asked Questions
What is the primary focus of this report?
The report provides a comparative analysis of how employers in the UK and Germany can legally terminate employment contracts and the protections afforded to employees in both jurisdictions.
What are the core themes covered in the study?
Key themes include the distinction between statutory and common law rights, the mechanisms of various dismissal types, the role of works councils in Germany, and the legal remedies available to dismissed employees.
What is the central research objective?
The objective is to critically examine the legal possibilities for unilateral dismissal and to highlight the differences in protection and procedure between the UK and German systems.
Which research methodology is employed?
The study utilizes a comparative legal analysis, reviewing statutes (such as the ERA 1996 in the UK), legal principles, and relevant case law to evaluate dismissal practices.
What does the main body of the report address?
It covers the specific legal frameworks of both nations, defining categories like wrongful, unfair, and constructive dismissal in the UK, and ordinary versus extraordinary dismissal in Germany.
Which keywords characterize this work?
Core keywords include Employment Law, Unfair Dismissal, Wrongful Dismissal, Works Council, and statutory protection against dismissal.
How do notice periods in Germany compare to the UK?
The report notes that statutory notice periods are generally longer in Germany, providing employees with more time to transition to new employment compared to the UK standards.
What role does the works council play in German dismissals?
In Germany, enterprises with a works council are legally required to consult them before any dismissal; failure to do so can render the dismissal ineffective.
Why is "social justification" important in the German context?
Social justification is a key requirement under the German Protection Against Dismissal Act, ensuring that employees are not dismissed without specific conduct-related, personal, or operational reasons.
- Citar trabajo
- Laura Schmiedl (Autor), 2015, Termination of Employment Relationships by Dismissal, Múnich, GRIN Verlag, https://www.grin.com/document/956863
