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.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Employment Law in the UK and Germany
- Termination of Contracts by the Employer in the United Kingdom
- Dismissal by Notice
- Wrongful Dismissal
- Unfair Dismissal
- Constructive Dismissal
- Termination of Contracts by the Employer in Germany
- Ordinary Dismissal
- Dismissal for Good Cause
- Conclusion
- References
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This report provides a comprehensive analysis of the legal framework surrounding the termination of employment relationships by dismissal in the United Kingdom and Germany. It examines the different types of dismissal available to employers in both jurisdictions, focusing on the protections afforded to employees against unfair dismissal. The report explores the legal underpinnings of dismissal, comparing and contrasting the approaches of the UK and German legal systems.
- Dismissal as a legal mechanism in the UK and Germany
- Types of dismissal available to employers in each jurisdiction
- Employee protections against unfair dismissal
- Legal underpinnings of dismissal in both countries
- Comparison of the UK and German legal approaches to employment termination
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the topic of dismissal in employment relationships, highlighting the importance of employee protection against unfair termination. It outlines the report's scope and objectives.
- Employment Law in the UK and Germany: This chapter provides an overview of the legal frameworks governing employment law in the UK and Germany, focusing on the primary sources of law, statutory regulations, and the impact of European Union law.
- Termination of Contracts by the Employer in the United Kingdom: This chapter examines the various methods by which an employer can terminate an employment contract in the UK, including dismissal by notice, wrongful dismissal, unfair dismissal, and constructive dismissal. It explores the legal requirements and employee protections associated with each type of dismissal.
- Termination of Contracts by the Employer in Germany: This chapter explores the legal framework for terminating employment contracts in Germany, delving into the concepts of ordinary dismissal and dismissal for good cause. It examines the legal requirements and employee protections in the German context.
Schlüsselwörter (Keywords)
The main keywords and focus topics of this report include termination of employment, dismissal, employment law, unfair dismissal, wrongful dismissal, constructive dismissal, UK employment law, German employment law, legal framework, employee protection, statutory regulations, European Union law, ordinary dismissal, dismissal for good cause, and comparative law.
Frequently Asked Questions
What are the main types of dismissal in the United Kingdom?
The report identifies dismissal by notice, wrongful dismissal, unfair dismissal, and constructive dismissal.
How does German law categorize the termination of employment?
In Germany, a distinction is made between "ordinary dismissal" (ordentliche Kündigung) and "dismissal for good cause" (aus wichtigem Grund).
What is "constructive dismissal" in the UK?
It occurs when an employee resigns because the employer has seriously breached the employment contract, making it impossible to continue working.
What protection do employees have against unfair dismissal?
Both countries have statutory regulations that protect employees from arbitrary termination, though the specific requirements and legal remedies differ.
How does EU law influence dismissal practices in these countries?
The report briefly comments on how European Union law has impacted the development of employment standards and protections in both jurisdictions.
What is the difference between "wrongful" and "unfair" dismissal?
Wrongful dismissal is a breach of contract (e.g., not giving notice), while unfair dismissal relates to the statutory right not to be dismissed without a fair reason or process.
- Arbeit zitieren
- Laura Schmiedl (Autor:in), 2015, Termination of Employment Relationships by Dismissal, München, GRIN Verlag, https://www.grin.com/document/956863
