redundancy and dismissal Flashcards
what is redundancy
when an employer dismisses an employee because their job no longer exists
why may a redundancy take place?
business closes, job replaced by tech, move operations overseas
when does a business have to consult with trade unions
when making 20+ employees redundant at least 30 days before
what happens if an employee has been with the business for 2+ years?
redundancy payments- compensation
minimum legal redundancy pay calculated according to age and length of service
what is dismissal?
takes place when an employer terminates an employees contract of employment, and they eave the organisation
reasons for fair dismissal
unable to do their jobs properly (capacity to do job), persistent or long term illness, ‘gross misconduct’ (theft, violence), ‘gross negligence’ (reckless or disregard for safety of others) ‘substantial reason’ such as not agreeing to reasonable terms, redundancy
what is unfair dismissal?
employee is dismissed without a valid reason
reasons for unfair dismissal
pregnancy, trade union membership, discrimination, whistle blowing (exposed wrong doing in workplace, asked for flexible working hours, given correct notice period, took part in industrial action (12 weeks or less), time off for jury service, refused to give up working time rights
explain the procedure for dismissal
investigate issues, inform employee of issues in writing, disciplinary hearing/meeting with employee, inform employee in writing of decision, give employee a right of appeal
informal grievance process
raise issue with manager and try to resolve situation through conversation
formal procedure
write a grievance letter to employer setting complaint
investigation stage: employer investigates, sets up a meeting
grievance investigation meeting: invited to state case, right to be accompanied, employer writes a letter to let you know outcome
appeal stage: right to appeal against outcome if don’t agree with it- write to employer and state why
grievance appeal meeting, employer provides outcome of meeting, no further action- employment tribunal claim
what is an employment tribunal?
informal courtrooms where legal disputes between employees and employers can be settled
purpose?
must notify ACAS first- may be early conciliation where ACAS works with both sides in order to see if the matter can be resolved- saving time, money and acrimony
if it does end up at tribunal and employee wins- entitled to form of compensation from employer up to a limit
who takes part
legally trained chairperson, employer representative, employee representative, open to public
significance for a business and its stakeholders
bad press, reputation, time, money
