Employer / Employee Relations Flashcards
Redundancy
A form of dismissal that happens when employers need to reduce their workforce and so a position no longer exists.
Dismissal
Termination of the contract of employment of an employee, often as a result of a disciplinary procedure.
Unfair dismissal
Where an employee is dismissed without a valid reason or the employer fails to follow the proper procedures.
Fair dismissal
Where an employee is dismissed with a valid reason and the employer follows the proper procedures.
Gross misconduct
Unacceptable or improper behaviour of a very serious kind
Eg - an employee physically assaulting a customer
Gross negligence
Serious lack of care to their duties or other people
Eg - a theme park manager allows a ride to remain open when he knows there is a safety fault
Incapacity
The physical or mental inability to do something
Eg - being too ill to work
Capability
Repeated inability to do the work required
Fair reasons for dismissal
Gross misconduct
Gross negligence
Repeated poor conduct
Incapacity
Capability
Redundancy
‘Some other substantial reason’
Unfair reasons for dismissal
Pregnancy
Whistleblowing
Trade union membership
Discrimination
Whistleblowing
If an employee has evidence of ‘reasonably believes’ that malpractice in an organisation is occurring, he or she can bring it to the attention of someone in authority without fear of retribution
Grievance
A grievance exists when an employee has a concern, complaint, or problem
Employment tribunal
A special sort of court dealing only with employment law; for example an employee’s claim for unfair dismissal.
Impacts to businesses of employee tribunals
Time to prepare
HR staff costs
Legal costs
Compensation costs (if applicable)
Possible reputation damage
Possible changes to practices
Employer / employee relations
The relationship between workers and managers