Types of Dismissals: Fair Dismissal
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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?

  • Constructive dismissal
  • Wrongful dismissal
  • Unfair dismissal
  • Fair dismissal (correct)
  • What type of dismissal occurs when an employee is forced to leave their job due to unbearable working conditions?

  • Fair dismissal
  • Unfair dismissal
  • Constructive dismissal (correct)
  • Summary dismissal
  • What type of dismissal occurs when an employee is terminated without a valid reason?

  • Wrongful dismissal
  • Fair dismissal
  • Unfair dismissal (correct)
  • Constructive dismissal
  • What type of dismissal occurs when an employer breaches the terms of an employee's contract during the dismissal process?

    <p>Wrongful dismissal</p> Signup and view all the answers

    What type of dismissal occurs when an employee is terminated due to their misconduct?

    <p>Summary dismissal</p> Signup and view all the answers

    What type of dismissal occurs when an employee voluntarily resigns due to redundancy?

    <p>Fair dismissal</p> Signup and view all the answers

    What type of dismissal occurs when an employer fails to follow their own policy regarding dismissals or disciplinaries?

    <p>Unfair dismissal</p> Signup and view all the answers

    What type of dismissal occurs when an employee is forced to leave their job due to harassment by their employer?

    <p>Constructive dismissal</p> Signup and view all the answers

    What is the reason for summary dismissal?

    <p>The employee commits a serious act of misconduct.</p> Signup and view all the answers

    What is the term for treating someone unfairly because of their race, sex, age, etc.?

    <p>Discrimination</p> Signup and view all the answers

    What is harassment in the workplace?

    <p>A behavior that makes someone feel unhappy or uncomfortable</p> Signup and view all the answers

    What is the term for when an employer fires an employee without a good reason?

    <p>Unfair Dismissal</p> Signup and view all the answers

    What is an appraisal in the workplace?

    <p>An evaluation or judgment of an employee's performance</p> Signup and view all the answers

    What is an employee entitled to be reimbursed for?

    <p>Costs incurred in the performance of their duties</p> Signup and view all the answers

    What is the first step in resolving a dispute?

    <p>Try to sort it out</p> Signup and view all the answers

    What happens if a claim is accepted?

    <p>It is sent to the respondent and conciliation starts</p> Signup and view all the answers

    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.

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