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Unfair Dismissal

Unfair Dismissal

Second Edition

by Michael Duggan

This book will be essential reading for all practitioners in the area, be they lawyers, personnel officers or policy makers. Extensive precedents and samples are provided to complement its sister work, Contracts of Employment.



In the current economic climate, the law of unfair dismissal has taken on a new significance as employees will be all the more prepared to make claims when the sums are potentially so much greater than in the past. Employers and their advisers must be carefully attuned to preventing actions as well as prepared to defend them. This book sets out the substantive and procedural law that must be followed if employers are to avoid unfair dismissal claims and if employees are to ensure their rights are protected. Where possible areas of guidance are set out alphabetically for ease of reference.



This work is the most comprehensive and complete text available on the topic, thoroughly referenced with particularly clear summaries of the case law making it ideal for the litigator on either side. Thorough commentary and cross-referencing to the companion work Contracts of Employment, ensures that pre-emptive advice is possible before termination to avoid unfair dismissal claims.

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Excl. VAT: £160.00 Incl. VAT: £160.00
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Published: Jun 2012

ISBN: 978-1-908013-14-9

Binding: Hardback

Contents include

  • General principles
  • The Right to Claim
  • The Concept of Dismissal
  • The Reason for the Dismissal
  • The Reasonableness of the Dismissal
  • Potentially fair dismissals
  • Capability and Qualifications
  • Conduct
  • Redundancy
  • Some Other Substantial Reason
  • Statutory Bans
  • Automatically fair dismissals
  • National Security
  • Industrial Action
  • Automatically unfair dismissals
  • General Approach
  • Convictions
  • Employee Representatives
  • Health and Safety Cases
  • Occupational Pension Trustees
  • National Minimum Wage
  • Maternity and Paternity
  • Protected Disclosures
  • Unfair Redundancies
  • Statutory Rights
  • Sunday Working
  • Transfer of Undertakings
  • Union Membership
  • Working Time
  • Remedies and Recoupment
  • Reinstatement and re-engagement
  • The Basic Award
  • The Compensatory Award
  • Interim Relief and Additional Awards
  • Recoupment

About the Author

Michael Duggan is a barrister at Littleton Chambers, London, specialising in Employment law where he has particular experience of large-scale wrongful dismissal cases, unfair dismissal, whistleblowing cases and discrimination cases, including disability discrimination and sexual and race harassment cases. He regularly appears in Employment Tribunals and the Employment Appeal Tribunal.

Chambers & Partners 2003 says Michael Duggan "turns into a Rottweiler in court. He is well known for his writing on unfair dismissal issues."

Chambers & Partners 2004 says Michael Duggan was "endorsed for the clarity of his advice."

Chambers & Partners 2006 says Michael Duggan "combines his commercial and employment based practice with construction law. He is an excellent adviser who will readily go to town on the right case."

Michael Duggan has also authored the following titles, published by Nova:

  1. Contracts of Employment'; 'Law Guidance and Precedents' (3rd Edition 2010)
  2. Wrongful Dismissal: 'Law, Practice and Precedents' (2nd edition 2010)
  3. Family Friendly Policies: A Handbook for Employers and Employees (2003)

Online Subscriptions

These publications are available as an online service. The annual subscription price includes three online supplements, additional material and author webcast presentations on the most recent judgments and rulings. Subscribers will automatically be sent online updates as they become available throughout the year, providing users with the very latest information on new case law. These updates will be sent directly to registered users and can be viewed on a PC or handheld device as and when new material becomes available.

*All registered online subscribers are also entitled to purchase the book and case bound supplements, at a preferential discount of 25% on list price. To take out an annual online yearly subscription visit our website.

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