Unfair Dismissal

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  • Created by: jutnut
  • Created on: 24-07-17 15:12
What describes a direct, constructive or expiry and non renewal?
Dismissal
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What is the Potential Fair Reasoning under s.98
Conduct, capability, redundancy, statutory illegality or some other substantial reason
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What remedy involves the employee doing THE SAME job
Re-instatment
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Basic award =
Age, length of service and gross weeks pay
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What body is used to investigate fair procedure, is it compulsory to use it?
ACAS and no however the prudent employer should use it in order to avoid claims of not using fair procedure
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What stage precedes an Employment Tribunal
Early Concilliation
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What remedy involves being paid monetarily
Compensation - Basic award and compulsory award
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What remedy involves the employee getting a different job within the company
Re-engagement
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What 5 procedural steps when dealing with poor performance
Appraisals, warnings, reasonable time to improve, reasonable support and alternative improvement
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Name an action which would amount to misconduct
dishonesty, drunkness, lateness, rudeness etc
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What should be conducted in order to obtain all the facts
Investigatory meeting
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if one or more suspects are suspected after reasonable investigation then what can be done
Blanket dismissal
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What do we call a group of conduct issues which amount to a dismissal
Collective incidents
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Generally you cannot dismiss an employee for obtaining
Criminal offences
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If the employer decides disciplinary action is to be taken what must he do
Disciplinary meeting
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How must the employee be notified in a meeting is to occur
In writing
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What should be kept as short as possible so it is not deemed a punishment in itself
Suspension
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What can the employee do if they feel they have been inappropriately sanctioned
Appeal
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What can the employment tribunal do if they feel the employee should not receive the full amount
Reductions
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What are the reasons for reductions
Employee contributed to the dismissal, Employee unreasonably refused reengagement and Polkey reduction
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What is the Polkey Reduction
Up to 100% of the award can be reduced if can show that the failure to conduct fair procedure would have made no difference to the outcome
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Other cards in this set

Card 2

Front

What is the Potential Fair Reasoning under s.98

Back

Conduct, capability, redundancy, statutory illegality or some other substantial reason

Card 3

Front

What remedy involves the employee doing THE SAME job

Back

Preview of the front of card 3

Card 4

Front

Basic award =

Back

Preview of the front of card 4

Card 5

Front

What body is used to investigate fair procedure, is it compulsory to use it?

Back

Preview of the front of card 5
View more cards

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