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
