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Questions and Answers
What type of dismissal occurs when an employer has a valid reason for terminating an employee's contract?
What type of dismissal occurs when an employer has a valid reason for terminating an employee's contract?
What type of dismissal occurs when an employee is forced to leave their job due to unbearable working conditions?
What type of dismissal occurs when an employee is forced to leave their job due to unbearable working conditions?
What type of dismissal occurs when an employee is terminated without a valid reason?
What type of dismissal occurs when an employee is terminated without a valid reason?
What type of dismissal occurs when an employer breaches the terms of an employee's contract during the dismissal process?
What type of dismissal occurs when an employer breaches the terms of an employee's contract during the dismissal process?
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What type of dismissal occurs when an employee is terminated due to their misconduct?
What type of dismissal occurs when an employee is terminated due to their misconduct?
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What type of dismissal occurs when an employee voluntarily resigns due to redundancy?
What type of dismissal occurs when an employee voluntarily resigns due to redundancy?
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What type of dismissal occurs when an employer fails to follow their own policy regarding dismissals or disciplinaries?
What type of dismissal occurs when an employer fails to follow their own policy regarding dismissals or disciplinaries?
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What type of dismissal occurs when an employee is forced to leave their job due to harassment by their employer?
What type of dismissal occurs when an employee is forced to leave their job due to harassment by their employer?
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What is the reason for summary dismissal?
What is the reason for summary dismissal?
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What is the term for treating someone unfairly because of their race, sex, age, etc.?
What is the term for treating someone unfairly because of their race, sex, age, etc.?
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What is harassment in the workplace?
What is harassment in the workplace?
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What is the term for when an employer fires an employee without a good reason?
What is the term for when an employer fires an employee without a good reason?
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What is an appraisal in the workplace?
What is an appraisal in the workplace?
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What is an employee entitled to be reimbursed for?
What is an employee entitled to be reimbursed for?
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What is the first step in resolving a dispute?
What is the first step in resolving a dispute?
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What happens if a claim is accepted?
What happens if a claim is accepted?
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Study Notes
Types of Dismissal
- Fair dismissal: when an employer has sound and justifiable reasons for carrying out a dismissal
- Voluntary resignation due to redundancy: counts as fair dismissal if an employee volunteers for redundancy
- Unfair dismissal: when an employer fires an employee without a good reason
- Situations that may be considered unfair dismissal:
- Not informing the employee of a sufficient reason for dismissal
- Not following the employer's own policy regarding dismissals or disciplinaries
- Constructive dismissal:
- When an employee feels "pushed out" due to the employer's behavior
- Examples: harassment, having salary stopped
- Wrongful dismissal:
- When an employer breaches the terms of an employee's contract during the dismissal process
- Example: not giving the required notice period stated in the contract
- Summary dismissal:
- Dismissal based on the capacity or conduct of the employee
- Employee is dismissed without notice, usually due to serious misconduct
Discrimination and Harassment
- Discrimination: treating someone differently at work due to their age, sex, nationality, physical or mental disability, etc.
- Harassment:
- Behavior that makes someone feel unhappy or uncomfortable
- Can be a form of bullying in the workplace
- If the employer does not stop the harassment, it can be considered constructive dismissal
Appraisal and Expenses
- Appraisal: an assessment of an employee's performance, especially at work
- If an employee receives multiple bad appraisals, the employer may not want to continue employing them
- Expenses: employees are entitled to be reimbursed by the employer for costs incurred while performing their duties
Dispute Resolution
- Dispute arises: employee and employer try to resolve the issue
- Get advice: employee seeks guidance on how to proceed
- Making a claim:
- File a claim with the tribunal office
- Claim may be accepted, rejected, or returned
- Respondent's response:
- Response may be accepted or rejected
- If no response is received, a default judgment may be issued
- Case Management: the tribunal office manages the case
- Hearing held: the case is brought before the tribunal for resolution
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Description
Learn about fair dismissal, its reasons, and how it differs from other types of dismissals. Understand redundancy and voluntary resignation due to redundancy.