10 Flashcards
What’s wrongful dismissal?
employee dismissed without proper notice
What’s unfair dismissal
employee dismissed for an unfair reason
What’s the period of notice for 1 month - 2 years of continuous employment
1 week
What’s the period of notice for 2 - 12 years of continuous employment
1 week per complete year
What’s the period of notice for 12+ years of employment
12 weeks
What damages can a claimant claim for wrongful dismissal?
A successful Claimant can claim the salary and other benefits he/she would have earned in the notice period provided in the contract.
What is summary dismissal?
Being fired on the spot.
Always wrongful unless justified.
Name 2 examples of justifiable summary dismissal
- Breach of contract by employee
- Misconduct e.g. dishonesty and theft
- Gross negligence
- Drunkenness
Name 2 conditions under ERA96 for unfair dismissal
- Must be continuously employed for 2 years
- Employee must serve a grievance notice on employer - raising awareness you’re not happy with the dismissal decision
- Bring claim to employment tribunal < 3m of dismissal
Name 2 fair reasons for dismissal
Capabilities/qualifications of employee
- Poor standard of work, or failing exams
Conduct of employee
- Theft, lateness, excessive time off
Redundancy
Continued employment would contravene the law
- E.g. lorry driver banned from driving
Some other substantial reason
- E.g. criminal convictions?
What 2 factors does ‘reasonableness’ consider within dismissal?
- Was the matter so serious to justify dismissal?
- Did the employer follow reasonable procedures in coming to their decision to dismiss and the manner of the dismissal?
What’s a reasonable procedure for employee incapability?
Give employee fair warning and opportunity to increase work standard.
What’s a reasonable procedure for misconduct?
Investigate + follow suitable disciplinary procedures.
What’s a reasonable procedure for redundancy?
Appropriate consultation and fair selection policy.
Name 2 automatically unfair reasons for dismissal
- Victimisation of Health & Safety complainants or whistle-blowers
- Employees should feel safe raising concerns over H&S or criminal activities - Pregnancy, exercising maternity and family rights.
- Trade union membership/non-membership/activities/employee representative.
- Employers should not be victimised for union affiliation - Assertion of statutory employment rights
E.g. pay, statutory holiday pay, sick pay, paternity leave - Unfair selection for redundancy
Name a remedy for unfair dismissal
Reinstatement
- Employee given their job back, with no loss of seniority!
Re-Engagement
- Employee given comparable job, perhaps in another department or under different manager
*ONLY AWARDED IF BOTH PARTIES AGREE AND IT IS PRACTICABLE
Name the basic monetary award for unfair dismissal
18 - 21 y/o
- Half a weeks pay for each year of service
22 - 40 y/o
- 1 week’s pay for each year of service
41+
- 1.5 week’s worth of pay for each year of service
Maximum Award = 30 weeks pay @ 700 per week
Name the compensatory award for unfair dismissal
Discretionary award based on employee losses.
Maximum = £115,115 or12 months gross pay
Reduced if the employee contributed to their disimissal.
Name the additional monetary award for unfair dismissal
