Unfair Dismissal
1 .Identify and explain five reasons for dismissal that would be considered ‘fair’ according to current legal definitions .
Misconduct : Employee have broken one or more of the terms of their employment, e.g.: Continually missing work , poor discipline , theft or dishonesty.
Redundancy : This means there’s no more, or not enough work for employee. It might occur if: employer closes or restructures ,employer relocates ,employer needs fewer workers .
Incapability : This means that employee can’t do their job properly or aren’t performing to the required standard, e.g. because: • Employee haven’t been able to keep up with technological changes to their job e.g. introduction of computerized systems • Employee can’t get along with their colleagues
Qualifications : Because employee don’t have the right qualifications , for example a lorry driver who is disqualified from driving .
Breaking the law : Employer can dismiss employee if continuing to employ them would break the law – for example, if a driver and he lose his driving licence. Employer would be expected to try and find other suitable work for him before choosing to dismiss him.
2. Explain your understanding of the term ‘unfair dismissal’ ,and provide examples of three fundamental questions that an Employment Tribunal would be seeking answer to ,when considering whether or not to find a dismissal unfair . The employee need to have at least one year's continuous employment with an employer to be able to bring an employment claim for unfair dismissal,
Unless this employee former employer can provide that the dismissal was for one of 6 recognised "fair" reasons and that the dismissal was deal with a fair manner, employee will have been unfairly dismissed and employee can be awarded compensation by an Employment Tribunal.
Unfair dismissal is a statutory right as it is covered by an Act of Parliament.
Employment Tribunal would be considering three problems :
1. Is dismissal reasonable
Misconduct : Employee have broken one or more of the terms of their employment, e.g.: Continually missing work , poor discipline , theft or dishonesty.
Redundancy : This means there’s no more, or not enough work for employee. It might occur if: employer closes or restructures ,employer relocates ,employer needs fewer workers .
Incapability : This means that employee can’t do their job properly or aren’t performing to the required standard, e.g. because: • Employee haven’t been able to keep up with technological changes to their job e.g. introduction of computerized systems • Employee can’t get along with their colleagues
Qualifications : Because employee don’t have the right qualifications , for example a lorry driver who is disqualified from driving .
Breaking the law : Employer can dismiss employee if continuing to employ them would break the law – for example, if a driver and he lose his driving licence. Employer would be expected to try and find other suitable work for him before choosing to dismiss him.
2. Explain your understanding of the term ‘unfair dismissal’ ,and provide examples of three fundamental questions that an Employment Tribunal would be seeking answer to ,when considering whether or not to find a dismissal unfair . The employee need to have at least one year's continuous employment with an employer to be able to bring an employment claim for unfair dismissal,
Unless this employee former employer can provide that the dismissal was for one of 6 recognised "fair" reasons and that the dismissal was deal with a fair manner, employee will have been unfairly dismissed and employee can be awarded compensation by an Employment Tribunal.
Unfair dismissal is a statutory right as it is covered by an Act of Parliament.
Employment Tribunal would be considering three problems :
1. Is dismissal reasonable