Thomas & Betts Manufacturing Ltd v Harding

Last updated
Thomas & Betts Manufacturing Ltd v Harding
Royal Coat of Arms of the United Kingdom.svg
Court Court of Appeal of England and Wales
Citation(s) [1980] IRLR 255
Keywords
Redundancy

Thomas & Betts Manufacturing Ltd v Harding [1980] IRLR 255 is a UK labour law case, concerning redundancy.

Contents

Facts

Ms Harding was a packer, and also worked on a production line. The production line was closed and she was dismissed for redundancy. She claimed there was still work for packers, and if needed, one who had not worked so long should be dismissed instead, so the dismissal was unfair.

Judgment

Court of Appeal upheld the Tribunal’s decision that the dismissal was unfair.

Notes

    Related Research Articles

    United Kingdom labour law

    United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights, which are found in various Acts, Regulations, common law and equity. This includes the right to a minimum wage of £7.83 for over 25-year-olds under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempts to limit excessively long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.

    In United Kingdom law, the concept of wrongful dismissal refers exclusively to dismissal contrary to the contract of employment, which effectively means premature termination, either due to insufficient notice or lack of grounds. Although wrongful dismissal is usually associated with lack of notice sometimes it can also be caused by arbitrary dismissal where no notice was required but certain grounds were specified in the contract as being the only ones available but none existed.

    Unfair dismissal in the United Kingdom is the part of UK labour law that requires fair, just and reasonable treatment by employers in cases where a person's job could be terminated. The Employment Rights Act 1996 regulates this by saying that employees are entitled to a fair reason before being dismissed, based on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other substantial reason. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for becoming pregnant, or for having previously asserted certain specified employment rights. Otherwise, an employee must have worked for two years. This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason. Contrary to the gov.uk website, it is not automatically unfair for an employer to dismiss an employee for a discriminatory reason protected by the Equality Act 2010 ; there is no statutory provision for this and it just amounts to ordinary discrimination.

    The Transfer of Undertakings Regulations 2006 known colloquially as TUPE and pronounced tu-pee, are the United Kingdom's implementation of the European Union Transfer of Undertakings Directive. It is an important part of UK labour law, protecting employees whose business is being transferred to another business. The 2006 regulations replace the old 1981 regulations which implemented the original Directive.. The law has been amended in 2014 and various provisions within the 2006 Regulations have altered.

    Employment Rights Act 1996 United Kingdom Law

    The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.

    Employee exit management or offboarding describes the consciously designed separation process when an employee leaves the company, for which they have previously worked within the scope of a work or service contract. It deals with the formal processes revolving around an employee’s exit from an organization either through voluntary resignation, layoffs or termination.

    Taylor v Connex South Eastern Ltd (5.7.2000) Appeal No: EAT/1243/99, is a UK labour law case, concerning the TUPE Regulations.

    Cairns v Visteon UK Ltd [2007] ICR 616 is a UK labour law case, regarding the scope of protection available to agency workers.

    <i>Ford v Warwickshire CC</i>

    Ford v Warwickshire CC [1983] 2 AC 71 is a UK labour law case, concerning unfair dismissal, governed by the Employment Rights Act 1996.

    Williams v Compair Maxam Ltd [1982] ICR 156 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.

    In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.

    Lesney Products & Co v Nolan [1976] EWCA Civ 8 is a UK labour law case concerning redundancy.

    <i>Hollister v National Farmers Union</i>

    Hollister v National Farmers’ Union [1979] ICR 542 is a UK labour law case concerning redundancy and unfair dismissal.

    <i>Nelson v BBC</i> (No 2)

    Nelson v BBC [1980] ICR 110 is a UK labour law case, concerning unfair dismissal and the role of contributory fault.

    <i>Port of London Authority v Payne</i>

    Port of London Authority v Payne [1993] EWCA Civ 26 is a UK labour law case, concerning unfair dismissal and the remedy of reinstatement.

    <i>Safeway Stores plc v Burrell</i>

    Safeway Stores plc v Burrell [1997] ICR 523 is a UK labour law case, concerning redundancy.

    <i>High Table Ltd v Horst</i>

    High Table Ltd v Horst [1997] EWCA Civ 2000 is a UK labour law case, concerning redundancy in English Law in the Court of Appeal, the highest court within the Senior Courts of England and Wales, and second only to the Supreme Court of the United Kingdom.

    Catamaran Cruisers Ltd v Williams [1994] IRLR 384 is a UK labour law case, concerning redundancy.

    <i>Abernethy v Mott, Hay and Anderson</i>

    Abernethy v Mott, Hay and Anderson [1974] ICR 323 is a UK labour law case, concerning unfair dismissal.

    In French Labour Law a Dismissal is the breach of the employment contract by the employer. French Labour Law stipulates that an employment contract can be terminated by either of the parties. The 2008 reform of Labour Law introduced the possibility of a negotiated termination.