8 termination of employment
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8 Termination of Employment. (Part 1). Is it a dismissal?. Resignation of the employee Mutual agreement Frustration of contract. Making a claim of unfair dismissal. Eligibility: Employees of the dismissing employer One year’s continuous service Illegal contract Not police officers.

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Presentation Transcript
is it a dismissal
Is it a dismissal?
  • Resignation of the employee
  • Mutual agreement
  • Frustration of contract
making a claim of unfair dismissal
Making a claim of unfair dismissal

Eligibility:

  • Employees of the dismissing employer
  • One year’s continuous service
  • Illegal contract
  • Not police officers
potentially fair reasons for dismissal
Potentially fair reasons for dismissal
  • Lack of capability or qualifications
  • Bad conduct
  • Redundancy
  • Statutory ban
  • Some other substantial reason
  • Retirement
capability issues
Capability issues

Employer must

  • Help employee try to improve
  • Support performance with supervision and training
  • Take due account of illness
conduct
Conduct
  • Gross misconduct
  • Suspension
  • Summary dismissal
  • Misconduct
  • Warnings
reasonableness
Reasonableness
  • The fact underlying the belief must be established
  • The belief must be held on reasonable grounds, after an appropriate investigation
  • The investigation must be reasonable, in the circumstances
statutory ban
Statutory ban

Examples:

Banned from driving when job involves driving

  • Placed on sex offenders’ register when job is working with children
some other substantial reason
Some other substantial reason

Examples:

  • Pressure from external source to dismiss
  • Reorganisation of the business
  • Mistaken belief
retirement
Retirement
  • Retirement age
  • Statutory procedure
statutory dismissals and disciplinary procedure ddp
Statutory dismissals and disciplinary procedure (DDP)
  • Step 1 – letter setting out allegations
  • Step 2 – meeting to discuss allegations
  • Step 3 – possible appeal against decision
slide12
DDP

Modified version

  • Step 1 – letter explaining reasons for dismissal
  • Step 2 – possible appeal
statutory grievance procedure
Statutory grievance procedure
  • Step 1 – write letter setting out grievance
  • Step 2 – meeting to discuss grievance
  • Step 3 – possible appeal against decision
statutory grievance procedure1
Statutory grievance procedure

Modified version

  • Step 1 – employee writes a letter setting out the grievance
  • Step 2 – employer writes back with a response
polkey defence
Polkey defence
  • DDP must be followed
  • Would following additional company procedure have made any difference?
gibbons report
Gibbons Report
  • Repeals the statutory procedures
  • Provides clear and simple guidelines for employers on handling grievances and dismissals in the workplace
  • Provides incentives for complying with the guidelines through the employment tribunals continuing to consider reasonableness of actions when making awards and cost orders
disciplinary warnings
Disciplinary warnings

ACAS guidelines:

  • Informal warning
  • Formal warning (that remains on the employee’s record for six months)
  • Final written warning (that remains on the employee’s record for 12 months)
  • Dismissal
right to be accompanied
Right to be accompanied
  • Trade union representative
  • Colleague
constructive dismissal
Constructive dismissal
  • There was a fundamental breach of the contract on the part of the employer
  • The breach of the contract caused him or her to resign
  • There was no significant delay in resigning
automatically unfair dismissal
Automatically unfair dismissal
  • Most require no qualifying period
  • Not following DDP is automatically unfair dismissal – but the one-year qualifying period is still required
remedies
Remedies
  • Compensation
  • Re-instatement
  • Re-engagement
compensation
Compensation
  • Basic award
  • Compensatory award
  • Increases and deductions
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