Different Types of Dismissal

Please do not copy as this is on my assignment and you willl be plagiarising and will fail your course.

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  • Different Types of Dismissal
    • Voluntary Redundancy
      • Employer does not have to accept the volunteers to be made redundant
      • Employer cannot offer voluntary redundancy to age groups eligile for early retirement
      • Has to be voluntary and not pressured to do this by anyone
      • Employee volunteers to be made redundant. If this is the case it will count as a fair dismissal because they are volunteering
      • Save employees the hassle of waiting and not knowing if their job is at risk for a long period of time
    • Wrongful Dismissal
      • Employer has breached the terms of your contract during the dismissal process
        • Examples can be:
          • Not given amount of notice stated in your contract
          • A situation where you may be exempt from dismissal, is gross misconduct, e.g. violence at work
      • Employee's employment contract has been terminated where circumstanc-es of the termination breaches the terms of the contract of employment or the employees rights
    • Fair Dismissal
      • Justifiable reasons for carrying out dismissal
      • Correctly following dismissal process
        • If not followed employee can claim for wrongful dismissal at tribunal
      • Reasons can be
        • Bad Conduct
        • Qualifications
        • Actions which go against contract of employment
          • e.g. theft
      • Fair reaons to make employee redundant
      • In most cases it is because the employee is at fault
      • Employee volunteers to be made redundant. If this is the case it will count as a fair dismissal because they are volunteering
    • Conductive Dismissal
      • Breach of contract
      • Able to leave company/ organisation immediatley if employer does not agree
      • Getting nowhere after trying to sort out the issue by speaking to employer
      • Forced to leave job against your will
        • Exmples can be:
          • Don't pay you or suddenly demote you for no reason
          • Let employees or employers harass or bully you
          • Force you toaccpet unfair changes to contract or how you work
            • E.G. Suddenly forcing you to work night shifts when you only work day shifts
    • Unfair Dismissal
      • Not being told the reasons for their dismissal
      • Employer has not followed dismissal process
      • Hard to prove!
        • Employers can easily make it look like a fair dismissal
      • Don't have a good reason for dismissing you
      • Can challenge dismissal at an employment tribunal
      • Employee can appeal to the employer if they have been unfairly selected
      • When you seek your rights
        • Examples could be:
          • Asking for flexible working hours
          • Refusale to give up your working time rights
            • E.G. Breaks and rests
          • Joined a Trade Union
      • Being chosen to be made redundant unfairly
        • Examples could be:
          • Race
          • Gender
          • Sexual Orientation
          • Age
          • Disability
          • Religion/ Belief
          • Maternity/ Paternity Leave
          • Doing Jury Service/Duty
          • Whistleblowing
  • By Josh Harmer. Leeds City College BTEC Level 3 National Diploma (280 UCAS points) Year 2 Employment Law Assignment 3


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