Lecture 11 End of Employment Flashcards

1
Q

What are industrial relations/ employment relations?

A

A study between the ongoing relationship and interaction between employees and employers
Relation based on the formal contract and the psychological contract

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2
Q

What do Walsh and Bott say in Leopold et al 2005 about managers rights?

A

Managements right to manage and dispose of human resources… obliged to conform to a legal definition or interpretation of ‘reasonable’ standards of management conduct (Walsh and Bott in Leopold et al 2005)

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3
Q

What does redundancy signify according to Walsh and Lugsden in Leopold et al, 2005:250?

A

Redundancy signifies the contract of employment that hitherto has bound both parties in a work-based relationship of mutual obligation and responsibility (Walsh and Lugsden in Leopolld et al 2005:250)

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4
Q

What are reasons for the employer initiating the end of the relationship?

A
  • end of contract
  • dismissal- capability/conduct
  • redundancy
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5
Q

What are reasons for employees initiating the end of the relationship?

A
  • resignation
  • retirement
  • natural wastage
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6
Q

What factors might affect employee leaving decisions?

A

Push and pull factors

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7
Q

Give some pull factors that might make the employee leave

A

Better prospects in terms of career and salary

Improved work life balance

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8
Q

Give some push factors that might make an employee leave

A

Working conditions

Stress

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9
Q

What do Armstrong and Taylor say about dismissal?

A

‘Dismissal takes place when an employer terminates the employment of someone with or without notice’ (Armstrong and Taylor, 2014:258)

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10
Q

What conditions of dismissal should be followed according to Armstrong and Taylor?

A

‘Dismissals should be handled in accordance with the following principles of natural justice:
-individuals should know the standards of performance that they are expected to meet and the rules of which they are expected to conform and should be given a clear indication of where they are failing or what rules have been broken
Except in cases of gross misconduct, they should be given an opportunity to improve before disciplinary action is taken (Armstrong and Taylor 2014:259)

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11
Q

What are the 3 types of dismissal?

A

Fair dismissal
Unfair dismissal
Constructive dismisal

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12
Q

What is the impact of dismissal on the rest of the workplace?

A

Positive (carrying out an equitable and fair process)
Negative (perception of unfairness in decisions taken)
Importance of natural justice

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13
Q

On what grounds can an employee be dismissed?

A
Misconduct (gross misconduct)
Incapability or lack of qualifications
Continued employment in breach of statute 9e.g driving without a licence, work permit breaches)
SOSR
Redundancy
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14
Q

What does SOSR stand for?

A

Some other substantial reasons

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15
Q

Give some examples of SOSRs

A

Pressure from an external source to dismiss
Re-organisation of the business
Mistaken belief
Breakdown of the working relationship

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16
Q

What are the rights of dismissal under UK law?

A
Every employee (UK) has the right not to be unfairly dismissed if:
They have a contract of service
They have 2 years service if employed after 6/4/2012 (not in discrimination cases-rights from day 1)
Some exceptions 
Compromise agreements (confidentially clauses)
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17
Q

What does Lewis et al (2013) say that unfair dismissal is usually due to?

A

Trade union membership/ activities or non-union membership
Pregnancy or maternity grounds
Health and safety grounds
Assertion of the employee’s statutory rights
Spent convictions
TUPE
Not following procedure

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18
Q

What is TUPE?

A

Transfer of Undertakings Protection of Employment

19
Q

What is fair dismissal?

A

This is when the correct procedures are followed and the dismissal is on the correct grounds

20
Q

What are reasons for fair dismissal?

A

Misconduct
Incapability or lack of qualifications
Continued employment in breach of statute
SOSR
Redundancy
Since 1/10/2013 end of ‘Default Retirement Age’
Assumptions related to expected retirement date no longer possible

21
Q

What does Lewis et al (2013) say about fairness?

A

Importance of test of reasonableness and procedural fairness

22
Q

What happens if the dismissal is found unfair in court?

A

Re-employment
Training
Compensation
can be imposed

23
Q

What is the basic award?

A

This is for job security lost

24
Q

What is the compensatory award?

A

For pay and future earning

25
Q

What is the additional award?

A

Injury to feelings

26
Q

On what grounds can awards made at a tribunal be reduced?

A

Employee partly to blame
Payments made e.g. PILON
Earnings in other employement
No attempt to find alternative employment

27
Q

What does PILON stand for?

A

Payment in Lieu of Notice

28
Q

What is PILON according to ACAS (2013)?

A

An amount of pay specified in a contract or if not in the contract, the worker gets the same benefits and pay as they would if they were employed but without actually being employed anymore.

29
Q

When is PILON not normally paid according to ACAS (2013)?

A

In cases of gross misconduct

30
Q

What is conductive dismissal?

A

This is where employers actions are sufficient to be a substantial breach of the employment contract- mutual trust and obligation
Breakdown of mutual trust and confidence

31
Q

Why are some resignations dismissals?

A

In legal terms the resignation is a dismissal if there is a breach of mutual trust or obligation

32
Q

When does redundancy take place according to Armstrong and Taylor?

A

‘Redundancy takes place when the organisation as a whole is reducing the number of employees, when structural changes are being made following mergers and acquisitions, and when individual jobs are no longer needed’ (Armstrong and Taylor, 2014:258)

33
Q

What do Armstrong and Taylor say about planning ahead and redundancy?

A

‘If unfortunately redundancy has to take place, it is necessary to plan ahead- seeking and implementing methods of avoiding redundancy as far as possible, making arrangements for voluntary redundancy and helping people find jobs. HR usually has the onerous responsibility of handling the redundancy itself’ (Armstrong and Taylor 2014:258)

34
Q

What is outplacement?

A

When the organisation helps people find jobs

35
Q

What options are available before dismissal by redundancy?

A
Natural wastage/ resignations
Early retirement
Redeployment
Work sharing
Reduction in hours/ short-time working
36
Q

What is redeployment?

A

Assigning a worker to a new job (in the organisation)

37
Q

What is redundancy not to be confused with?

A

Downsizing or re-organising and not to be an excuse for dismissing staff

38
Q

What are issues associated with redundancy?

A

Losing job and livelihood
Self respect and esteem
Stress and fear
Undermining of psychological contract

39
Q

What does the Employment Rights Act 1996 say about redundancy?

A

Employees’ are to be regarded as being redundant if their dismissals are attributable wholly or mainly due to;

  • the fact that the employer has ceased or intends to cease, to carry on the business’ for the purposes the employees were employed or;
  • the fact that the requirement of the business for employees to carry out work of a particular kind, or for the employees to carry out work of a particular kind to the place where they were employed has ceased or diminished or expected to
40
Q

According to Lewis et al 2013, for how long must a person be working to be classed as an employee?

A

Must have been continuously employed for 2 years at the relevant date

41
Q

Who has a right to redundancy pay?

A

Only employees

42
Q

How can employees lose their redundancy pay according to Lewis et al, 2013?

A

If they are made redundant in connection to their conduct
If they terminate their employment with effect from a date prior to the date upon which the employer’s notice of redundancy is due to expire
An employee whose contract is renewed or re-engaged under a new contract provided that this happens within 4 weeks of ending the employment
An employee takes part in strike action after receiving notice of termination
Certain specifically excluded categories of employee such as civil servants and public office holders

43
Q

What is HR’s role in dismissal?

A

Ensure procedure and law is followed
Take advice from appropriate sources such as ACAS
Provide