Redundancy And Dissmissal

Question 1

What is meant by redundancy?

Answer 1

A form of dismissal which happens where an employer needs to reduce their workforce and so the position no longer exists

Question 2

What is meant by dismissal?

Answer 2

Termination f the contract of employment of an employee, often as the result of a disciplinary procedure

Question 3

What is meant by fair dismissal?

Answer 3

Where an employee is dismissed with a valid reason and the employer follows the proper procedures.

Question 4

What is meant by unfair dismissal?

Answer 4

Where an employee is dismissed without a valid reason or the employer fails to follow the proper procedures

Question 5

What are the fair reasons for dismissal?

Answer 5

• gross misconduct (eg assaulting customer)
• gross negligence (reckless or wilful disregard for the safety of other)
• repeated poor conduct like lateness or failure to perform tasks
• capability: inability to do work required
• redundancy: job no longer exists

Question 6

What are the reasons for unfair dismissal?

Answer 6

• pregnancy
• whistle blowing (if an employee has evidence or ‘reasonably believes’ that malpractice is occurring, they can bring it to authority without fear of retribution
• trade union membership
• discrimination

Question 7

Whats the procedure for dismissal that an employer must follow?

Answer 7

1) give at least 1 verbal warning
2) this should be followed by at least. Written warning
3) should be a final written warning (forma meeting to discuss)
4) has to be appeal process for employee

Question 8

What are the guidelines an employee is advise to follow?

Answer 8

ACAS (advisory, conciliation, arbitration service)

Question 9

Whats an employment tribunal?

Answer 9

A specialist sort of court dealing only with employment law, for example an employees claim for unfair dismissal

Question 10

Whats a grievance?

Answer 10

When an employee has a concern, complaint or problem

Question 11

Whats the purpose of any employment tribunal?

Answer 11

• to resolve issues which cannot be solved outside of court
• to clear business of wrong doing or compensation for wrongdoing that’s occured

Question 12

What is the procedure for a grievance that ACAS recommends?

Answer 12

1) raise issue informally
2) formalise issue in writing
3) consider tribunal

Question 13

What are the impacts of tribunals for a business?

Answer 13

• damage to reputation
• expensive (lawyers and compensation)
• time consuming
• lose employee
• catalyst for further grievances
• possible changes to practice
• hr staff costs