Misconduct : Employee have broken one or more of the terms of their employment, e.g.: Continually missing work , poor discipline , theft or dishonesty. Redundancy : This means there’s no more, or not enough work for employee. It might occur if: employer closes or restructures ,employer relocates ,employer needs fewer workers . Incapability : This means that employee can’t do their job properly or aren’t performing to the required standard, e.g. because: • Employee haven’t been able to keep up with technological changes to their job e.g. introduction of computerized systems • Employee can’t get along with their colleagues
Qualifications : Because employee don’t have the right qualifications , for example a lorry driver who is disqualified from driving . Breaking the law : Employer can dismiss employee if continuing to employ them would break the law – for example, if a driver and he lose his driving licence. Employer would be expected to try and find other suitable work for him before choosing to dismiss him. 2. Explain your understanding of the term ‘unfair dismissal’ ,and provide examples of three fundamental questions that an Employment Tribunal would be seeking answer to ,when considering whether or not to find a dismissal unfair . The employee need to have at least one year's continuous employment with an employer to be able to bring an employment claim for unfair dismissal,
Unless this employee former employer can provide that the dismissal was for one of 6 recognised "fair" reasons and that the dismissal was deal with a fair manner, employee will have been unfairly dismissed and employee can be awarded compensation by an Employment Tribunal.
Unfair dismissal is a statutory right as it is covered by an Act of Parliament. Employment Tribunal would be considering three problems :
1. Is dismissal reasonable ? If employer have reasonable reason to dismissal employee. For example , Misconduct , Redundancy or Qualifications and some else . 2. Did the employer follow the principle of ACAS when employer dismissed employee ? 3. Did the employer make seriously investigation ?If employer make clearly and seriously investigation .It is important to investigation as soon as practicable while event are all still fresh in everybody’s memories , employer investigation must catch the main point of all conversations . 3. Give at least six examples of conditions that would automatically make a dismissal ‘unfair’ .Please remember to provide examples of relevant employment law cases. • Exercise your statutory rights, like the right to written particulars of your terms and conditions • Are pregnant
• Take/ask to take statutory maternity, paternity or adoption leave • Are or intend to be a trade union member, or refuse to join a union • Exercise your rights under the National Minimum Wage Act • Complain about a health and safety problem
• Report wrongdoing at work (‘whistle blowing’)
4. Explain the terms ‘wrongful dismissal’ and ‘constructive dismissal’ and explain how these term differ from ‘unfair dismissal’
Wrongful dismissal stems not from legislation, but from the employment contract itself. It occurs when the employer terminates the employee's employment in such a way that it breaches the contract, for example (and in practice most commonly) by not giving the correct period of notice.
(1) Contract vs. Statute
The first key difference is that wrongful dismissal involves a breach of contract, whereas unfair dismissal involves a breach of statutory law. (2) Courts/Tribunal vs. Tribunal
Another key distinction is that you can pursue your claim for wrongful dismissal either in the civil courts or before an employment tribunal. But you can only claim unfair dismissal in front of an employment tribunal. (3) Remedies
The rules on remedies are also very...