영국의 부당해고 구제시스템과 시사점

Abstract

The dismissal system in the UK may be separate in two parts - wrongful dismissal and unfair dismissal. Wrongful dismissal is the term used at common law to denote the situation where an employee is dismissed by an employer in breach of contract. A variety of remedies may be available in the this regard. There are specific performance and injunctions, declaration, damages and so on for Wrongful dismissal. This remedies are enforced by County Court or High Court. Unfair Dismissal is the most important statutory proceedings employers may have on losing their jobs. The remedies for unfair dismissal are reinstatement, re-engagement, and compensation. After a finding of unfairness the applicant is required to choose whether or not he/she wishes to be reinstated, re-engaged, or gain only a monetary award. The Employment Tribunal explains to applicants the consequences of each course. Even though the English legal system is somewhat different from our country's system, her legislation may give us some legal suggestions. First, the statutory claim for unfair dismissal is presented to an employment tribunal which is a kind of inferior court under the Supreme Court, not a administrative committee. Second, The UK system requires dismissed employees to have qualifying period of 2 year employment before complaining to an employment tribunal. Third, Conciliation is emphasized in the cases of employment tribunal proceedings by an independent body - ACAS. Last, Monetary award is a main remedy for unfair dismissal, so that elaborate theories have been made up by precedents and legislations.