1 / 10

How to dismiss fairly in a nutshell

How to dismiss fairly in a nutshell. Marie Walsh Winston Solicitors LLP 12 June 2013. Summary of Webinar. Eligibility Type of Dismissal The Fair Reasons Reasonableness ACAS. Eligibility. Burden of Proof – Employee Employee Qualifying Service Key Date – 6 th April 2012. Dismissal.

archer
Download Presentation

How to dismiss fairly in a nutshell

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. How to dismiss fairly in a nutshell Marie Walsh Winston Solicitors LLP 12 June 2013

  2. Summary of Webinar • Eligibility • Type of Dismissal • The Fair Reasons • Reasonableness • ACAS

  3. Eligibility • Burden of Proof – Employee • Employee • Qualifying Service • Key Date – 6th April 2012

  4. Dismissal • Burden of Proof Employee • Actual • Fixed Term Contract – Expiry or non-renewal • Constructive Dismissal

  5. Fair Reasons • Burden of Proof Employer • Section 98 (2) ERA 1996 • Conduct • Capability • Redundancy • Illegality • SOSR

  6. Reasonableness • Section 98 (4) ERA 1996 • Size and Administrative Resources • Equity • Substantial Merits • Other circumstances • Proportionality

  7. ACAS CODE • Failure to comply –up to 25% uplift • Example - Conduct dismissal • also consider the BHS –v- Burchell Test

  8. Before you say “you’re fired” Consider : • Eligibility • Reason • Procedure

  9. Questions? ? ? ?

  10. Contact details Telephone: 0113 320 5000 Website: www.winstonsolicitors.co.uk email: maw@winstonsolicitors.co.uk LinkedIn: uk.linkedin.com/in/mariewalshsolicitor1111 Twitter: @MarieWinstonLLP

More Related