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5ELW Employment Law - Assignment Example

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Having reported for duty drunk one afternoon, he was rightfully reprimanded by his floor manager about the incident. Essentially, punching the floor…
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5ELW Employment Law
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Download file to see previous pages sation should have taken to comply with UK law and procedure as well as recommend the most appropriate course of action that can be taken after the dismissal.
According to UK Employment Law, the circumstances surrounding a dismissal will determine whether is fair or unfair and the procedure employers must follow when dismissing employees depends on the date of the dismissal (BIS, 2013). To comply with the UK law, the employer should follow the procedures stipulated by the Advisory, Conciliation and Arbitration Service (Acas) Code of Practice on disciplinary and grievance procedures. In Paul’s case, although the employer may have had justified grounds to dismiss him, the procedures were not followed from various perspectives. Most significantly, he was not given notice or allowed a disciplinary hearing. The requirements for fair dismissal include the capability (or lack of) the employee to work, their conduct, redundancy and circumstances that prevent them from conducting their job legally, such as the loss of a driving license by a driver. To comply with the UK law and specifically the Acas Code, the employer and the employee must have acted consistently whereby necessary investigations needed to be carried out to establish the case’s facts. Legally, he could have been dismissed without notice if he was in his first month of employment, if his contract indicated so or if he had conducted himself in a manner that undermined the confidence and trust of the employer. However, Paul had worked at the department store for four years on a full-time basis yet he was instantaneously dismissed, which means the employer did not comply with UK law. It is necessary that the dismissal decision and procedure are fair even in cases where the employer has a justifiable reason for the dismissal. To comply, the first step should have been sending a letter that pointed out the problem and an indication of the consideration for dismissal or disciplinary action (Citizens Advice, ...Download file to see next pagesRead More
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