What is Unfair Dismissal?
What is unfair dismissal?
Under section 98 of Employment Rights Act 1996, in determining whether the dismissal of an employee is just or unjust, the employers have the obligations to prove that there were solid reasons for dismissal.
Failure to prove -> unfair dismissal
Qualifying period increases http://www.lexisnexis.com/uk/legal/results/enhdocview.do?docLinkInd=true&ersKey=23_T16964167151&format=GNBFULL&startDocNo=0&resultsUrlKey=0_T16964167163&backKey=20_T16964167164&csi=371442&docNo=11 These reasons are: i) Relates to capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,
Inherent incapability -inaptitude ~in Blackman v Post Office [1974] ICR 151 the employee repeatedly failed a test, was neglectful (but, in Davidson -v- Kent Meters 1975 there was an expectation that the employer, normally, should train or give another job).
http://www.articlesbase.com/law-articles/wrongful-and-unfair-dismissal-what-they-are-remedies-153116.html
Blackman v Post office [1974]
They must be ‘for performing work of the kind which [the employee] was employed by the employer to do’. [15.41] Self-evidently they cover formal qualifications, technical or professional. They relate to an employee’s aptitude and ability. Thus, an employer’s aptitude tests can constitute ‘qualifications’ Blackman v The Post Office [1974] IRLR 46 (NIRC). Dismissal for lack of qualifications essential for the job not unfair (http://www.bloomsburyprofessionalonline.com/view/dismissal-law-ireland/DL-ch15-UID16.xml)
What is capability?
Capability means capability assessed by reference to skill, aptitude, health or any other physical or mental quality (section 98(3)(a)). (SAU4)
Minor incompetence
[C1.4]
Generally, it will be impossible for an employer to dismiss fairly for an act of poor performance without having first warned the employee that an improvement is required,
Under section 98 of Employment Rights Act 1996, in determining whether the dismissal of an employee is just or unjust, the employers have the obligations to prove that there were solid reasons for dismissal.
Failure to prove -> unfair dismissal
Qualifying period increases http://www.lexisnexis.com/uk/legal/results/enhdocview.do?docLinkInd=true&ersKey=23_T16964167151&format=GNBFULL&startDocNo=0&resultsUrlKey=0_T16964167163&backKey=20_T16964167164&csi=371442&docNo=11 These reasons are: i) Relates to capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,
Inherent incapability -inaptitude ~in Blackman v Post Office [1974] ICR 151 the employee repeatedly failed a test, was neglectful (but, in Davidson -v- Kent Meters 1975 there was an expectation that the employer, normally, should train or give another job).
http://www.articlesbase.com/law-articles/wrongful-and-unfair-dismissal-what-they-are-remedies-153116.html
Blackman v Post office [1974]
They must be ‘for performing work of the kind which [the employee] was employed by the employer to do’. [15.41] Self-evidently they cover formal qualifications, technical or professional. They relate to an employee’s aptitude and ability. Thus, an employer’s aptitude tests can constitute ‘qualifications’ Blackman v The Post Office [1974] IRLR 46 (NIRC). Dismissal for lack of qualifications essential for the job not unfair (http://www.bloomsburyprofessionalonline.com/view/dismissal-law-ireland/DL-ch15-UID16.xml)
What is capability?
Capability means capability assessed by reference to skill, aptitude, health or any other physical or mental quality (section 98(3)(a)). (SAU4)
Minor incompetence
[C1.4]
Generally, it will be impossible for an employer to dismiss fairly for an act of poor performance without having first warned the employee that an improvement is required,