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Dismissal In The Workplace

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Managing the dismissal, redundancy and retirement process is vital ensuring the organisation maintains a positive outlook, culture, employer brand and can also provide an opportunity for employees to return or continue to provide services for the organisation if the dismissal is not due to gross misconduct. ACAS noted that the most common reasons for dismissal are misconduct, capability and redundancy. Key legislation includes the Employment Rights Act 1996 is primarily concerned with employee rights including fair dismissal, unfair dismissal and redundancy. A dismissal can be ‘fair’ provided the employer has given one of the five specific reasons: ¥ Conduct – misbehaviour impacting on the organisation e.g. punctuality issues, verbal abuse. ¥ Capability – under performance or health issues. ¥ Redundancy – due to downturn or reorganisation or role is no longer needed. ¥ Statutory reasons – continuation of employment would violate a statutory requirement such as work eligibility. ¥ Some other substantial reason – other serious reasons not related to the above e.g. false information provided on an application form These reasons need to be justifiable and substantiated and due process should be followed. Dismissal can further be categorised into ‘wrongful’ and ‘unfair’ dismissal. Wrongful dismissal …show more content…

However, employees require 2 years of continuous service. The ACAS Code of Practice offers key advice regarding what employers will need to follow to demonstrate that they have followed a fair procedure. Employment tribunals are concerned with fairness and justification and are able to provide additional awards if employers do not follow the Code of Practice. The basis of unfair dismissal law is based on employees being treated fairly and in order to make a claim of unfair dismissal an employee needs to to demonstrate their dismissal and that the dismissal was due to unfair

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