Human Resource Management And Why It Is Critical In Employment Law - Essay Example

Download file to see previous pages As such, the statute provides that an employee is entitled to a notice period, prior to dismissal. Such notice period is established on the basis of the length of service of the employee (National Employment Rights Authority, 2012). Application An employee has been defined at section 230(1) of the Employment Rights Act 1996, as an individual who works under a contract of employment. The Employment Act 2002 (Dispute Resolution) Regulations 2004 require employers to implement procedures for grievance and disciplinary actions. These statutory procedures have to be commenced in the first instance. This is essential for submitting employment issues before the employment tribunal. A dismissal will be deemed to be unfair, if the employer fails to adopt these procedures (Pothecary Witham Weld, 2012). Furthermore, the employer would be held liable by the court. Employees should have completed a one year of continuous service with the same company to avail the protection of dismissal rights. This applies only to those employees who were appointed before 6 April 2012. The corresponding period is two years for employees appointed after this date. In our problem, Janice had worked for two years with the same company. Hence, she should have been provided with a dismissal notice, which was not done by the company. Consequently, the dismissal procedures conducted by the company cannot be deemed as fair. Furthermore, in instances, wherein the employer dismisses an employee via procedures that are unfair, the dismissal will be deemed to be unfair, regardless of the issues involved (emplaw, 2012). Although, Kelsey had not completed a year’s period of employment with the company, she can file a claim of wrongful dismissal against the company for not following fair procedures in her dismissal. In general, the circumstances of a particular case, will determine the action that is justified or reasonable, whenever there is a need for formal action. As such, the employment tribunals will take into account, the size and resources of an employer, at the time of deciding on cases (Code of Practice 1 ACAS Disciplinary and Grievance Procedures, 2009). Under no circumstances, disciplinary or grievance issues should be dealt with in an unfair manner. Moreover, the ACAS has strongly recommended a thorough investigation of allegations by employers. Prior to a disciplinary hearing, particulars of the allegations have to be provided to the employee. In addition, the employee should be provided with an opportunity to explain what had transpired, and to draw attention to any extenuating circumstances (Birkinshaw & Fairclough, 2001). In our problem, Janice and Kelsey were suspected of having stolen a harddisk drive, since it was located in their jointly held locker. They were immediately suspended by the Warehouse Manager, and after two days a disciplinary meeting was conducted and they were dismissed. It is incumbent upon an employer to adhere to a fair process, while addressing a disciplinary or grievance issue. This holds good, even if the employee in question admits to the offense, as also to instances of gross misconduct. In general, ...Download file to see next pagesRead More