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Category Archives: Dismissal

Capability dismissals

When a dismissal is potentially unfair an employment tribunal will look at the employer’s reasons for dismissing the employee and if the employer’s reasons can be proved to be one of the following then the dismissal will not be unfair: The employee’s conduct The employees capability or qualifications Redundancy A statutory duty or restriction Some [...]

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Redundancy – consultation and the different types required

When an employer is considering making members of staff redundant, whether it’s just a single employee or a hundred or more employees, there is a legal obligation to follow the correct redundancy consultation process and failure to do so will automatically make any redundancies unfair. Individual redundancies If the employer intends to make between 1-19 [...]

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Unfair Redundancy

The Employment Rights Act 1996 was introduced partly as a means of protecting workers from being unfairly chosen for redundancy or unfairly sacked and when an employee is unfairly dismissed from their job they are then well within their rights to take further action against their employer as long as the employee has the required [...]

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Gross misconduct – the overview

Gross misconduct Gross misconduct is an action or course of conduct performed by an employee that is deemed so reprehensible that summary dismissal is justified. Such conduct can often make a continuing relationship between employee and employer impossible and in such circumstances notice is not necessary, nor pay in lieu of notice.

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Unfair Dismissal Compensation

Unfair dismissal is a compensation claim made by an employee against his employer. It can only be made before an employment tribunal and in order to qualify the employee has to meet the following two main criteria: Be an employee (not a worker or contractor); Have been continuously employed by their employer for at least [...]

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Unfair dismissal and foreign workers

In the United Kingdom, all employees enjoy certain employment rights in relation to working hours, pay, holidays and notice periods. There are also a number of rights for dismissed employees who meet certain statutory criteria. All those employed prior to 6 April 2012 who have 12 months’ continuous service and those with a minimum of [...]

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Guide to voluntary redundancy

Voluntary redundancy occurs when an employer offers a financial incentive for employees to leave a company voluntarily, to save on the formal selection procedures that are involved in compulsory redundancies. Many individuals who have ever experienced compulsory redundancy would consider voluntary redundancy a luxurious option as it often comes with an option of either staying [...]

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New unfair dismissal rules to lead to more discrimination claims ?

When an employee loses their job and they feel that their employer has acted unfairly they may take legal action. This challenge may be about the method of dismissal or the reasons for the dismissal. These claims are not usually taken to the courts but instead lodged with specialist employment tribunals. Since the recession there [...]

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Unfair dimissal – changes to the law

Change in Unfair Dismissal Unfair dismissal is when your employer dismisses you without good reason, where they have not followed the correct procedure for dismissing you or where you were dismissed for an automatically unfair reason such as trying to exercise your statutory employment rights. If employees find themselves in this position they can bring [...]

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Constructive dismissal

Constructive dismissal is a form of dismissal. It occurs when you are forced to quit your job against your wishes because of your employer’s intolerable behaviour. If you feel like your employer is making your working conditions and life so difficult that you see no other option than to leave your job, you may be [...]

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