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Cilex Level 6 Employment law > Types of dismissal > Flashcards

Flashcards in Types of dismissal Deck (15)
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1

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

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

2

Other types of dismissal

Wrongful Dismissal
Constructive dismissal
Summary dismissal
Unfair dismissal

3

Wrongful dismissal

no qualifying period must be based on a breach of contract

4

Constructive dismissal

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)

5

Summary dismissal

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

6

Notice period effective from

day after given unless a specific date is mentioned

7

Unfair dismissal conditions

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

8

Automatically fair

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

9

Automatically unfair

No qualifying period of employment needed. EA 2010 protected rights

10

Potentially fair

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

11

Capability

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

12

Conduct Dismissal based on allegations

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

13

SOSR examples

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

14

Employers reasonable responses

must ensure a fair process is followed
ie due diligence all other options looked at , proper process followed, (UCAS guidelines as minimum)

15

Redundancy

ERA 1996 S98
Collective redundancies and TUPE Regs 1995 TUCRA 1992