Types of Dismissals: Fair Dismissal

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