The Mudcat Café TM
Thread #143068   Message #3301146
Posted By: Richard Bridge
02-Feb-12 - 05:08 PM
Thread Name: BS: Insane and doctrinaire US employment law
Subject: RE: BS: Insane and doctrinaire US employment law
UK has both wrongful and unfair dismissal laws. In the UK wrongful dismissal is dismissal in breach of contract (including any terms of unions agreements that are part of the contracts, and many union agreements in the UK are expressly non-contractual). Awards are based on contract damages.

Unfair dismissal is the creature of statute, it has many details, and one is the "Band of reasonable response" - the basis of which is that unless a dismissal (including constructive dismissal) is such that NO reasonable employer could have dismissed a claim for unfair dismissal will not run. There is a statutory award and a compensatory award both of which are capped (and some rarities)

Unfair dismissal also includes dismissal for reasons associated with discrimination but in most or all such cases a qualifying period is not necessary and caps do not apply. A female merchant banker forced to take male clients to lap dancing clubs collected over £1,000,000.

To UK eyes, the idea that an employer may dismiss for no reason without liability is bizarre.

Most first world countries except the US have some sort of worker protection. Scameron has declared war on such laws in the UK.