Redundancy and Dismissal

Question 1

Why are contracts terminated?

Answer 1

• Changing jobs
• Promotion
• Dismissal
• Redundancy
• Retirement
• Illness
• End of contract
• Breach of contract

Question 2

What counts as fair dismissal?

Answer 2

• illness: persistant or long term illness that makes you unable to do your job
• redundancy: when position no longer exists
• incompetancy
• statutory restriction: it being illegal to employ you
• gross misconduct

Question 3

What counts as incompetancy?

Answer 3

Not being able to do your job properly, not keeping up with important changes to your job, not getting along with colleagues - must warn you and give chance to improve

Question 4

What counts as gross misconduct?

Answer 4

being violent in the workplace etc

Question 5

What do you have the right to do when being dismissed?

Answer 5

To ask for a written statemnt from your employer giving the reasons why you’ve been dismissed if you’ve completed 2 years service.

Question 6

What is unfair dismissal?

Answer 6

• not having a good reason

- not following formal disciplinary procedures

Question 7

How can redundancy be unfair?

Answer 7

If the job is being recreated under a different title or if they have chosen you because of your gender, age, pregnancy

Question 8

What might your rights be when being made redundant?

Answer 8

• Redundancy pay
• A notice period
• Consultation with your employer
• The option to move to a different job
• Time off to find a new job
• Fair selection

Question 9

How are employees selected for redundancy?

Answer 9

• Objectively
• Last in, first out
• Self selection
• By position

Question 10

Examples of unfair dismissal…

Answer 10

• asking for flexible working
• refusing to give up your rights e.g breaks
• joining a trade union
• time off for jury service
• taking part in 12 weeks or less of industrial action
• maternity/paternity/adoption leave
• exposed wrongdoing in the workplace

Question 11

What is constructive dismissal an unfair dismissal?

Answer 11

When you are forced to leave your job against your will because of your employers conduct e.g being demoted suddenly, not being paid, unreasonable changes, bullying

Question 12

What redundancy pay are people entitled to?

Answer 12

• Half a weeks pay for each full year they were under 22
• One weeks pay for each full year they were at least 22
• One and 1/2 weeks pay for each full year if 41+
• Length of service capped at 20 years
• Under £30,000 not taxable