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Unfair Dismissal and Redundancy - Outline Example

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The paper talks about unfair dismissal as the termination of an employee’s contract by an employer based on unjustifiable reasons and through an unfair and unreasonable process. A dismissal is fair if it fulfils these two conditions; the reason for dismissal is fair and the process of dismissal is fair and reasonable…
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Unfair Dismissal and Redundancy
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Download file to see previous pages This includes drug abuse, disclosure of confidential information, theft, violence, unauthorised absence and breach of contract among others. Redundancy is also a ground for fair dismissal when conducted in a fair manner. The recent global financial crisis places much focus on redundancy; hence, the issue is detailed later as an independent topic. The fourth reason upon which the fairness of a dismissal rests is statutory restriction, where the employer would be in contravention of a statutory provision if the employment continues. The considerations for this ground include situations where a breach of immigration rules may occur, loss of a driving license and presence of a criminal record among others. The fairness of a dismissal may also be argued based on “some other substantial reason” (s.98 Employment Rights Act (ERA) 1996) due to the impossibility of capturing all grounds under the law. Here, examples include conflict of personalities and relationship breakdowns, resistance to necessary changes in employment terms and legitimate commercial reasons among others. A valuable consideration which arises here is the reasonableness of the dismissal, where the law expects the employer to act reasonably at all times. Automatically Unfair Dismissals Certain circumstances qualify a dismissal as unfair without question according to the law. These include unlawful discrimination; for having asserted a statutory right; when an employee raises issues of health and safety; whistle-blowing; trade union activities/membership; pregnancy, maternity or childbirth; working time regulations; National Minimum Wage; and information and consultation rights. Redundancy The recent global financial downturn...
This essay discusses that one of the most significant considerations in the fairness of a dismissal is the legal definition of an employee. An employee is one who has entered into, or works under a contract of employment. The law also requires sufficiency of service as proof of being an employee; one must have worked continuously for over a year to qualify as an employee. The next aspect that needs definition is dismissal itself, with the importance of defining the term exemplified by the Futty v D & D Brekkes 1974. Legally, a dismissal takes place on three occasions; first, when the employer terminates employment with or without notice; secondly, when the employee resigns with or without notice and where the employer constructively dismisses them; and lastly, when the employer does not renew a fixed term contract. Hence, independent resignation, mutual contractual termination and operation of law in termination do not qualify as dismissals under the law. Certain circumstances qualify a dismissal as unfair without question according to the law. These include unlawful discrimination; for having asserted a statutory right; when an employee raises issues of health and safety; whistle-blowing; trade union activities/membership; pregnancy, maternity or childbirth; working time regulations; National Minimum Wage; and information and consultation rights. The recent global financial downturn saw many employees around the world dismissed on one particular ground; redundancy. ...Download file to see next pagesRead More
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