Managing the dismissal, redundancy and retirement process is vital ensuring the organisation maintains a positive outlook, culture, employer brand and can also provide an opportunity for employees to return or continue to provide services for the organisation if the dismissal is not due to gross misconduct. ACAS noted that the most common reasons for dismissal are misconduct, capability and redundancy. Key legislation includes the Employment Rights Act 1996 is primarily concerned with employee rights including fair dismissal, unfair dismissal and redundancy. A dismissal can be ‘fair’ provided the employer has given one of the five specific reasons: ¥ Conduct – misbehaviour impacting on the organisation e.g. punctuality issues, verbal abuse. ¥ Capability – under performance or health issues. ¥ Redundancy – due to downturn or reorganisation or role is no longer needed. ¥ Statutory reasons – continuation of employment would violate a statutory requirement such as work eligibility. ¥ Some other substantial reason – other serious reasons not related to the above e.g. false information provided on an application form These reasons need to be justifiable and substantiated and due process should be followed. Dismissal can further be categorised into ‘wrongful’ and ‘unfair’ dismissal. Wrongful dismissal …show more content…
However, employees require 2 years of continuous service. The ACAS Code of Practice offers key advice regarding what employers will need to follow to demonstrate that they have followed a fair procedure. Employment tribunals are concerned with fairness and justification and are able to provide additional awards if employers do not follow the Code of Practice. The basis of unfair dismissal law is based on employees being treated fairly and in order to make a claim of unfair dismissal an employee needs to to demonstrate their dismissal and that the dismissal was due to unfair
The company has the right to terminate an employee as long as the termination does not discriminate or
Employers have to be extremely careful in the way that they handle grievances. . If problems arise, the procedure that the employer adopted may be subject to close scrutiny by the employment tribunal.
On the other hand, the success of the company is in large part due to the hard work of the staff who would lose their employment. In addition, it must be determined who would perform the work of the dismissed employees and if the company would be able to function without them. Moreover, the morale and productivity
Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.
Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,
Prevent discrimination: support equality – This sector of the act explains where discrimination is most likely to occur in the workplace and how to stop it happening
With regards to finding out further information in relations to employment responsibilities and rights you can find in the following:-
2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.
Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as.
Welcome and Introduction How to use this Workbook 1 Statutory Rights and Responsibilities 1.1 Contracts of Employment 1.2 Anti-Discrimination 1.3 Age Discrimination 1.4 Disability Discrimination 1.5 Working Hours, Rest Breaks and Holiday Entitlements 1.6 Maternity/Paternity, Parental and Adoption Leave 1.7 Absence and Sickness 1.8 Data Protection and Access to Personal Information 1.9 Health and Safety Procedures and Documents in your Organisation 2.1 Contracts of Employment 2.2 Anti- Discrimination 2.3 Working Hours and Holiday Entitlement 2.4 Sickness Absence and Sick Pay 2.5 Data Protection 2.6 Health and Safety Sources of Information and Advice 3.1 Internal Sources 3.2 External Sources About your Occupation and
Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s
High employee turnover, where workers frequently leave and must be replaced, leads to increased spending on recruitment and training and can indicate management problems. Employees often have good reasons for moving on but if too many are leaving an organisation, can be very disruptive.
Modules Topic Contracts of employment Anti-discrimination Age discrimination Statutory rights and responsibilities Disability discrimination Working hours, rest breaks and holiday entitlement Maternity/Paternity, parental and adoption leave Absence and sickness Data protection and access to personal information Health and safety Contracts of employment Anti-discrimination Procedures and documentation within your organisation Working hours and holiday entitlements Sickness
In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.
The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.