8 Termination of Employment (Part 1)

Is it a dismissal? Resignation of the employee Mutual agreement Frustration of contract

Making a claim of unfair dismissal Eligibility: Employees of the dismissing employer One year’s continuous service Illegal contract Not police officers

Potentially fair reasons for dismissal Lack of capability or qualifications Bad conduct Redundancy Statutory ban Some other substantial reason Retirement

Capability issues Employer must Help employee try to improve Support performance with supervision and training Take due account of illness

Conduct Gross misconduct Suspension Summary dismissal Misconduct Warnings

Reasonableness The fact underlying the belief must be established The belief must be held on reasonable grounds, after an appropriate investigation The investigation must be reasonable, in the circumstances

Statutory ban Examples: Banned from driving when job involves driving Placed on sex offenders’ register when job is working with children

Some other substantial reason Examples: Pressure from external source to dismiss Reorganisation of the business Mistaken belief

Retirement Retirement age Statutory procedure

Statutory dismissals and disciplinary procedure (DDP) Step 1 – letter setting out allegations Step 2 – meeting to discuss allegations Step 3 – possible appeal against decision

DDP Modified version Step 1 – letter explaining reasons for dismissal Step 2 – possible appeal

Statutory grievance procedure Step 1 – write letter setting out grievance Step 2 – meeting to discuss grievance Step 3 – possible appeal against decision

Statutory grievance procedure Modified version Step 1 – employee writes a letter setting out the grievance Step 2 – employer writes back with a response

Polkey defence DDP must be followed Would following additional company procedure have made any difference?

Gibbons Report Repeals the statutory procedures Provides clear and simple guidelines for employers on handling grievances and dismissals in the workplace Provides incentives for complying with the guidelines through the employment tribunals continuing to consider reasonableness of actions when making awards and cost orders

Disciplinary warnings ACAS guidelines: Informal warning Formal warning (that remains on the employee’s record for six months) Final written warning (that remains on the employee’s record for 12 months) Dismissal

Right to be accompanied Trade union representative Colleague

Constructive dismissal There was a fundamental breach of the contract on the part of the employer The breach of the contract caused him or her to resign There was no significant delay in resigning

Automatically unfair dismissal Most require no qualifying period Not following DDP is automatically unfair dismissal – but the one-year qualifying period is still required

Remedies Compensation Re-instatement Re-engagement

Compensation Basic award Compensatory award Increases and deductions