詻筱敉
1. Identify and explain five reasons for dismissal that would be considered ‘fair’ according to current legal definitions.
The reasons for dismissal that would be considered ‘fair’ according to current legal definitions:
(1) Incapability, which covers issued in relation to health and mental capabilities in addition to competence including skill and aptitude. For example, a cretary always five the manager wrong documents and arrange wrong time to meet clients.
(2) Misconduct, it means the employee has many impolite behaviors, like bad time keeping, theft or abu. For example, a cleaner is late for work every day for a month.
(3) Redundancy, providing the method for lection was fair and the procedure was properly followed. For example, a publicize department of a company has lots of employees. At this time the company can through some effective way, like exam to choo t
he approach employee and the procedure was properly followed.
(4) Qualifications, failure to have qualifications relevant to the job. For example, a lawyer who is disqualified from human resource manages.
(5) Going out on an unlawful strike, as long as the employee was not singled out for this treatment and all striking employees were treated alike. For example, some employees are disagree the company’s rules and held unlawful strike; the company can carry out properly procedure dismissal the employees.
2. Explain your understanding of the term ‘unfair dismissal’, and provide examples of three fundamental questions that an Employment Tribunal would be eking answers to, when considering whether or not to find a dismissal unfair.
Unfair dismissal is infringe the relation law stipulate the employer take unfair way terminated the employment with employees. It depending on the reason for dismissal and whether act reasonably during the dismissal process. As usual the reason and process is
not reasonable. Unfair dismissal occurs where the employer is in breach of a statutory duty to treat the employee fairly. It encroach the lawful rights and interests of employees.
(1) Was there sufficient permissible reason for the dismissal? For example, an employer wants to dismissal an employee, he must give a reasonable reason for the employee convince.
(2) Did the employer act reasonably in the circumstances? For example, when an employer wants to dismissal an employee he must think about carefully. If the reason is not able to dismissal the employee he could change a way to punishment he.
(3) Have the employers acted reasonably in the dismissal procedure? For example, when an employer dismissal an employee he must give a exhaustive survey to ensure dismissal is reasonable.
3. Give at least six examples of conditions that would automatically make a dismissal ‘unfair’. Plea remember to provide examples of relevant employment law cas.
(1) Trade union membership or activities .For example, a driver for participating in union activities by the company dismisd is an unfair dismissal.
(2) Dismissal on maternity related grounds. For example, a woman become pregnant but the company want dismiss her.
(3) Dismissal for taking, or proposing to take, some action on health and safety grounds, for example trying to bring a health and safety issue to an employer’s attention.
(4) Dismissal for having sought to exerci a statutory employment right, for example alleging that an employer has infringed an employee’s right to a minimum period of notice, or any form of unlawful discrimination.
(5) Dismissal of a shop worker or betting worker for refusing, or proposing to refu, to do shop work on Sundays.
(6) Reasons connected with the transfer of an undertaking from one employer to another employer. Unlike the other reasons in this list, an employee must have at least two years’
rvice before they could bring a claim against their employer for this type of dismissal. For example, an employee works in a company for many years, one day he went to another company apply for another job, The company's managers believe that she wants to quit and she was dismissal. It was unfair dismissal.
4. Explain the terms ‘wrongful dismissal’ and ‘constructive dismissal’ and explain how the terms differ from ‘unfair dismissal’.
(1) Constructive dismissal is a term ud to describe the situation where an employee leaves their job becau of the employer’s behavior. It occurs where an employee resigns becau the employer’s actions must have amounted to a fundamental breach of contract.
Wrongful dismissal is in a category somewhat parate from other types of dismissal. It occurs where the employer is in breach of contract in dismissing an employee. Unfair dismissal occurs where the employer is in breach of a statutory duty to treat the employee fairly.
(2) One hand constructive dismissal and wrongful dismissal are violation the connact, unfair dismissal violation treat the employee equally. On the other hand constructive dismissal and weongful dismissal didn’t have working time limit, but unfair dismissal should has more than one year’s employment.
