Types of dismissal Flashcards Preview

Cilex Level 6 Employment law > Types of dismissal > Flashcards

Flashcards in Types of dismissal Deck (15)
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1
Q

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

A
Conduct
Capability
Redundancy
Illegal to employ
Some other substantial reason (SOSR)
2
Q

Other types of dismissal

A

Wrongful Dismissal
Constructive dismissal
Summary dismissal
Unfair dismissal

3
Q

Wrongful dismissal

A

no qualifying period must be based on a breach of contract

4
Q

Constructive dismissal

A

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
Q

Summary dismissal

A

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

6
Q

Notice period effective from

A

day after given unless a specific date is mentioned

7
Q

Unfair dismissal conditions

A

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
Q

Automatically fair

A

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

9
Q

Automatically unfair

A

No qualifying period of employment needed. EA 2010 protected rights

10
Q

Potentially fair

A

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

11
Q

Capability

A

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

12
Q

Conduct Dismissal based on allegations

A

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

13
Q

SOSR examples

A

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
Q

Employers reasonable responses

A

must ensure a fair process is followed

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

15
Q

Redundancy

A

ERA 1996 S98

Collective redundancies and TUPE Regs 1995 TUCRA 1992