Different Types of Dismissal
Please do not copy as this is on my assignment and you willl be plagiarising and will fail your course.
- Created by: JoshHarmer
- Created on: 21-05-15 00:26
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- Different Types of Dismissal
- Voluntary Redundancy
- Employer does not have to accept the volunteers to be made redundant
- Employer cannot offer voluntary redundancy to age groups eligile for early retirement
- Has to be voluntary and not pressured to do this by anyone
- Employee volunteers to be made redundant. If this is the case it will count as a fair dismissal because they are volunteering
- Save employees the hassle of waiting and not knowing if their job is at risk for a long period of time
- Wrongful Dismissal
- Employer has breached the terms of your contract during the dismissal process
- Examples can be:
- Not given amount of notice stated in your contract
- A situation where you may be exempt from dismissal, is gross misconduct, e.g. violence at work
- Examples can be:
- Employee's employment contract has been terminated where circumstanc-es of the termination breaches the terms of the contract of employment or the employees rights
- Employer has breached the terms of your contract during the dismissal process
- Fair Dismissal
- Justifiable reasons for carrying out dismissal
- Correctly following dismissal process
- If not followed employee can claim for wrongful dismissal at tribunal
- Reasons can be
- Bad Conduct
- Qualifications
- Actions which go against contract of employment
- e.g. theft
- Fair reaons to make employee redundant
- In most cases it is because the employee is at fault
- Employee volunteers to be made redundant. If this is the case it will count as a fair dismissal because they are volunteering
- Conductive Dismissal
- Breach of contract
- Able to leave company/ organisation immediatley if employer does not agree
- Getting nowhere after trying to sort out the issue by speaking to employer
- Forced to leave job against your will
- Exmples can be:
- Don't pay you or suddenly demote you for no reason
- Let employees or employers harass or bully you
- Force you toaccpet unfair changes to contract or how you work
- E.G. Suddenly forcing you to work night shifts when you only work day shifts
- Exmples can be:
- Unfair Dismissal
- Not being told the reasons for their dismissal
- Employer has not followed dismissal process
- Hard to prove!
- Employers can easily make it look like a fair dismissal
- Don't have a good reason for dismissing you
- Can challenge dismissal at an employment tribunal
- Employee can appeal to the employer if they have been unfairly selected
- When you seek your rights
- Examples could be:
- Asking for flexible working hours
- Refusale to give up your working time rights
- E.G. Breaks and rests
- Joined a Trade Union
- Examples could be:
- Being chosen to be made redundant unfairly
- Examples could be:
- Race
- Gender
- Sexual Orientation
- Age
- Disability
- Religion/ Belief
- Maternity/ Paternity Leave
- Doing Jury Service/Duty
- Whistleblowing
- Examples could be:
- Voluntary Redundancy
- By Josh Harmer. Leeds City College BTEC Level 3 National Diploma (280 UCAS points) Year 2 Employment Law Assignment 3
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