Types of dismissal

Question 1

Fair reasons for dismissal ( but depending on how/why can be unfair)

Answer 1

Conduct
Capability
Redundancy
Illegal to employ
Some other substantial reason (SOSR)

Question 2

Other types of dismissal

Answer 2

Wrongful Dismissal
Constructive dismissal
Summary dismissal
Unfair dismissal

Question 3

Wrongful dismissal

Answer 3

no qualifying period must be based on a breach of contract

Question 4

Constructive dismissal

Answer 4

Employee feels no other option but to resign due to a serious breech of contract, must be immediate, Can be combination of events(straw that broke the camels back)

Question 5

Summary dismissal

Answer 5

Dismissal effective immediately notice paid Must as a result of a serious incident/totting up

Question 6

Notice period effective from

Answer 6

day after given unless a specific date is mentioned

Question 7

Unfair dismissal conditions

Answer 7

Must have 1 yr cont service if employed before 6/4/12 or 2 years if employed after, Claim must be made within 3 months of exact date of termination

Question 8

Automatically fair

Answer 8

Dismissal was as a result of the employee taking part in unofficial industrial action (unless as a result of automatic unfair reason)

Question 9

Automatically unfair

Answer 9

No qualifying period of employment needed. EA 2010 protected rights

Question 10

Potentially fair

Answer 10

Dismissal is fair but was it handled correctly must use ACAS guidelines as a minimum

Question 11

Capability

Answer 11

based on employer belief of capability not the employees actual capability are there reasonable grounds for the belief

Question 12

Conduct Dismissal based on allegations

Answer 12

Must hold belief of guilt, based on reasonable ground, reasonable investigation in the circumstances

Question 13

SOSR examples

Answer 13

unilateral change in T&C for sound business reason
Personality Clashes
Economic technical or organization reason
expiry of Fixed term contract
pressure from customer or third party
dismissal of employee employed as replacement for one on medical suspension/or absent due to pregnancy’s
hostile takeover

Question 14

Employers reasonable responses

Answer 14

must ensure a fair process is followed

ie due diligence all other options looked at , proper process followed, (UCAS guidelines as minimum)

Question 15

Redundancy

Answer 15

ERA 1996 S98

Collective redundancies and TUPE Regs 1995 TUCRA 1992