Dismissals Flashcards

Question

Fair reasons for dismissal...

Answer 1

``` s98(1) capability/poor performance/lack of qualifications conduct redundancy statutory restriction SOME OTHER SUBSTANTIAL REASON ```

Answer 2

very limited e.g. someone is dismissed because they do not have the correct working permit/driving license Bouchaala v Trusthouse Forte Hotels Ltd – The tribunal found that a genuine mistaken belief that the employment of C was in breach of immigration rules was sufficient to justify dismissal.

Answer 3

no statutory definition to give it a wide scope in catching dismissals that are fair

Answer 4

 Expiry of fixed term contracts  Third party pressure: essentially a 3rd party is pressuring the employer to dismiss an employee e.g. Baby P case, pressure from the press to sack the head of child services. They did do this but didn’t do it properly therefore she was entitled to unfair dismissal.  Refusal to accept changes to terms and conditions  Personality clashes: this is not always accepted as a substantial reason  Breakdown in trust and confidence: this needs to follow on from an event, e.g. making a bad judgement call rather than a conduct incident (a specific event). Judges scarcely allow judges to rely upon this to avoid employers exploiting it. If this has a low threshold employers would abuse it.  Conflicts of interest

Answer 5

o Investigating the situation, o Consulting with the employee, o Warning the employee of the risk of dismissal, o Giving the employee the opportunity to state their case, o Exploring the possibility of redeployment, and o Balancing the needs of the employer and employee.

Answer 6

o Whether the employee knew what was expected of them o Did the employer take steps to minimise the risk of poor performance? o Did the employer provide training and supervision? o Whether it warned the employee of the consequences of failing to improve o Whether it gave the employee a chance to improve, and, in some cases, o Whether it considered alternative employment before dismissing. o The employer should have made some steps to improve the performance e.g. supervision, training o The employer must have explained the employee they are failing

Answer 7

Alidair v Taylor - if the mistake could have had drastic consequences e.g pilots, train driver

Answer 8

- The employer must show at the time of dismissal, the employer…: o believed the employee to be guilty of misconduct, and o had reasonable grounds for believing that the employee was guilty of that misconduct, and o carried out as much investigation as was necessary in the circumstances. o These are the Burchell Principles If there is a conduct dismissal you MUST talk about Burchell Employers are not held to the same standard as the courts, they do not need to prove that she had committed theft beyond reasonable doubt, the requirement is much lower

Answer 9

depends on the facts of the case, the more serious the allegation to more thorough the investigation

Answer 10

no one involved in anyway can be in the disciplinary process, they also cannot have more than one role. - Carmelli Bakeries v Benali - D was the investigator and involved in the allegation. C's claim for unfair dismissal for conduct was successful because the investigation wasn't fair

Answer 11

- The tribunal will consider: - The extent of the statutory restriction and the extent to which it affects the employee’s ability to do their job, and; - the duration of the statutory restriction, and; - any alternatives to dismissal by way of adjustments to the job or alternative employment.

Answer 12

For a dismissal under s98(2) to be fair, there must be a sufficient reason and in order to act ‘reasonably’ the employer MUST also follow the a fair procedure or this will be an unfair dismissal MUST talk about polkey or will lose marks

Answer 13

1) Fair reason for dismissal 2) Employer must have acted reasonably 3) Employer must follow a fair procedure

Answer 14

C was made redundant on the spot. He claimed this was unfair, following the case law in British Labour Pump v Byrne, D held he was not liable because of the no difference rule (i.e. even if you did follow the correct procedure the outcome would be the same). The HL held - HL held procedural fairness was an integral part of assessing the reasonableness of the employer. A reasonable employer will ALWAYS follow the procedure

Answer 15

In dismissal for POOR PERFORMANCE AND CONDUCT AN EMPLOYER HAS TO:  Investigate the issues;  Inform the employee of the issues in writing;  Conduct a hearing with the employee;  Inform the employee of the decision in writing, and;  Give the employee the right of appeal against that decision. - Failure to follow procedure can lead to a 25% increase/decrease in compensation

Answer 16

1) states fair procedure for dismissal if for poor performance/conduct 2) sanctions for misconduct 3) employers must deal with grievances properly

Answer 17

s10 Employment relations act 1999

Answer 18

breach of a notice term e.g. contractual notice, statutory minimum notice, or reasonable notice; breach of contractual disciplinary or redundancy procedure i.e. they fail to follow procedures; termination of a fixed term contract before its expiry

Dismissals Flashcards

(42 cards)