employment law
However, these areminimums and longer periods of notice can be demanded if set out in the contract of employment. If the conduct of either party justifies it, the other party canwaive their right and terminate the contractwithout notice.
Reasons for dismissal
There are various reasonswhy an employer may dismiss an employee. Potentially fair reasons for dismissing an employee are: Conduct An employee has broken one ormore of the terms of their employment, such as continuallymissingwork, poor discipline, drug or alcohol abuse, and theft or dishonesty. Employers should followa fair disciplinary procedure before dismissing a member of staff formisconduct. Capability An employee can’t do their job properly (including because they don’t have the right qualifications) or aren’t performing to the required standard, because for example, they haven’t kept upwith advances in technologies, they can’t get alongwith colleagues, or they suffer frompersistent
illnesswhichmakes it impossible for them to do their job. If employees have a disabilitywhich prevents themfromdoing their job, employers have a legal duty tomake ‘reasonable adjustments’ to howand / or where theywork (dismissal because of a disabilitymay be unlawful discrimination). Redundancy Thismeans there’s nomore, or not enough work for an employee, andmay occur if an employer closes or restructures a business, the employer relocates, or the employer needs fewerworkers. Those selected for redundancymust be done so fairly, and employerswould be expected to offer the employee alternativework, and to consult employees properly before making themredundant. Retirement The lawon age and retirement changed in April 2011,meaning that employers are no longer able to issue notifications of retirement using the default retirement age (DRA)
procedure.Thismeans that employers no longer have to retire staff when they reach the default retirement age
of 65, and staff have the right to continue working as long as theywant to. Astatutory restriction Your employer can dismiss an employee if continuing to employ themwould break the law- for example, if an employee needs to be able to drive for their job and they lose their driving licence. In addition, there are other substantial reasonswhy someonemay be fairy dismissed such as imprisonment or an unresolved personality clash between two co-workers. UnfairDismissal Before they can lawfully dismiss someone who has been employed for 12months or more continuously, an employermust followcertain dismissal procedures. If they don’t, then the dismissal is automatically unfair. Most employees have the legal right to a written statement fromtheir employers, giving the reasonswhy they’ve been dismissed, orwhy their fixed-termcontracts haven’t been renewed.You usually need to ask for this (verbally or inwriting), and your employer should give it to youwithin 14 days of you asking.
The Stages of aDisciplinary Procedure
General Misconduct
Informal Stage Investigation Counselling VerbalWarning Review Period
Outcome Improvement/rectification of offence/behaviour
Outcome No improvement/rectification of offence/behaviour
Further action needed
Serious/or Gross Misconduct
Formal Stage Investigation WrittenWarning(s) Review Period
Outcome Improvement/rectification of offence/behaviour
Outcome No improvement/rectification of offence/behaviour
Further action needed Dismissal
Employee has right to appeal
Note:At all stages the employee should have the right to appeal and to be accompanied by a representative of their choice.
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No further disciplinary action needed
No further disciplinary action needed
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