1. CHAPTER ELEVEN DISCIPLINE AND DISMISSALS

2. Objectives of this chapter Explore why discipline is required within the workplace Consider why people break the rules Outline the procedure for fairly handling discipline Explore the law relating to dismissals Explore the law relating to redundancies

3. Why might punishment fail? Humiliation Dropping out of the situation Anger and hostility Reward of getting attention

4. Employee rules Society rules External legislation Work rules

5. Why break the rules? Seen as unfair Level of commitment Standards of group behaviour

6. Statutory Dismissal and Disciplinary Procedure Standard procedure – three stages Employer gives written statement of issue to employee A meeting takes place to discuss the issue Employee has the option of appeal Two-stage modified procedure

7. Stages of discipline Oral warning Written warning Final written warning Dismissal

8. Fair reasons for dismissal Capability or qualifications Conduct Redundancy Statutory ban Some other substantial reason

9. Capability or qualifications Setting clear standards Performance management Ill-health Disability?

10. Conduct Gross misconduct Misconduct

11. Statutory ban Legal restriction Reasonableness Length of ban

12. Some other substantial reason Pressure from an external source to dismiss Reorganisation of the business Mistaken belief

13. Constructive dismissal Fundamental breach of conduct on the part of the employer Breach of the contract caused the employee to resign No significant delay in resigning

14. Automatically unfair reasons for dismissal The employee’s membership (or non-membership) of a trade union The employee’s pregnancy or any maternity-related issue A transfer of employment (see Chapter 12 for further explanation) The refusal of a retail employee to work on a Sunday A conviction which is, according to law, deemed to be ‘spent’ (see Chapter 3) Activities carried out in the role of health and safety representative Asserting a statutory right Making a protected disclosure under the Public Disclosure Act (see Chapter 12) Asserting the right to be paid in accordance with the National Minimum Wage Act 1998 Disclosing fraud or corruption

15. Wrongful dismissal Employer terminates the contract of employment In so doing the employer breaches the contract of employment

16. Redundancy Employer has ceased, or intends to cease, to carry on the business for the purposes for which the employee was employed The fact that the employer has ceased, or intends to cease, to carry on that business in the place where the employees were employed The requirement for work of a particular kind has ceased or diminished, or is expected to do so

17. Redundancy Selection Consultation Compensation Suitable alternative employment Survivor syndrome