Dissmissal Flashcards
why do you need to terminate contracts
- changing your job
- dismissal
- promotion
- retirement
- redundancy
- illness
- end of contract
- break of contract
on the spot fair dismissal
Gross Misconduct
Gross Negligence
Gross Misconduct
an employee physically assaulting a customer
Gross Negligence
a reckless disregard for the safety of others
fair dimissal
Incapacity
= being too ill to work at all
= taking time off work because of illness on a regular basis
Cabability
= not being able to do your job properly
= cant get on with collegues
= cant keep up with important chnages in the business i.e. new tech system
Repeated poor conduct
= lateness, failing to follow requests by manager
Redundancy
= if the job no longer exists and there’s no work to do
before the dismissal, the employer should:
give atleast one verbal warning to the employee
should be given/followed by one written warning
give you a chnace to improve - through training
leaving due to long term illlness, your employer should:
look for ways to support you (if the job itself is making you ill)
give reasonable time to recover
not be because of disability - UNLWAFUL DISCRIMINATION
= employer’s legal duty is to support disability in the workplace
fair dismissal is only fair if the employer has acted reasonably
followed appropriate disciplinary procedures - ACAS guideline for instance
not following ACAS isnt wrong but will weaken their case at tribunal if they havent
Summary dismissal
being dismissed for Gross Misconduct without your employer going through the disciplinary procedures
i.e. violent towards a collegue, customer or property
employers should always investigate the circumstances before making a dismissal
Statutory restriction
if continuing to employ you would break the law
i.e. truck driver losing their license
unfair dismissal
Wrongful dismissal
Constructive dismissal
Wrongful dismissal
breach of the employment contract
what is defined as wrongful would be due to the terms in the individual contract for that person
i.e. employee entitled to 8 weeks notice of termination to leave their job only getting 4 weeks
Constructive dismissal
where manager/s behavior forced you to leave the job
bullying, changing employment conditions without consent i.e. working weekends when its a monday-friday contract
Redundancy
form of dismissal from your job
when employers need to reduce their workforce
is usually fair
if the reason is unfair then you’re unfairly dismissed
where your dismissal is likely to be unfair:
- asked for flexibile working
- refused to give up your working time rights ( to take rest breaks)
- resigned and gave the correct notice period
- joined a trade union
- needed time off for jury service
- applied for maternity, paternity, adoption that youre entitled to
