Labour & European Law Review
08 February 2007
The European Court of Justice (ECJ) has ruled that successive UK governments have failed to properly implement a European law that would have protected thousands of workers who have lost their pensions.
Section 98(4) of the Employment Rights Act 1996 states that, in cases of unfair dismissal, tribunals have to consider whether the employer acted reasonably, given all the circumstances of the case.
In Polkey v AE Dayton Services Ltd (1987), the House of Lords said that if an employer used an unfair procedure to dismiss someone, the dismissal was unfair.