Unfair Dismissal in The United Kingdom - History

History

In 1968 Lord Donovan led the Royal Commission on Trade Unions and Employers' Associations. This recommended a statutory system of remedies for unfair dismissal. The recommendation was put into the Industrial Relations Act 1971. Exclusive jurisdiction to hear complaints and give remedies was conferred upon the newly created National Industrial Relations Court. The Trade Union and Labour Relations Act 1974 soon replaced the unfair dismissal provisions, as was the National Industrial Relations Court with a system of Industrial Tribunals, since renamed Employment Tribunals. Often a tribunal is composed of one legally qualified Employment Judge (formally a "chairperson") and two lay members, one from an employee friendly background (e.g. from a trade union) and the other from an employer friendly background. However, more recently straightforward claims, such as unlawful deduction from wages claims, are dealt with by an Employment Judge sitting alone. Unfair dismissal rights were recast in the Employment Protection (Consolidation) Act 1978. The present law is found in the Employment Rights Act 1996.

• Ridge v Baldwin AC 40, Lord Reid propounds the at will employment rule
• Malloch v Aberdeen Corp (No 1) 1 WLR 1578, on the right to be heard before dismissal