1. 8 Termination of Employment (Part 1)

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

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

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

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

6. Conduct Gross misconduct Suspension Summary dismissal Misconduct Warnings

7. 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

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

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

10. Retirement Retirement age Statutory procedure

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

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

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

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

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

16. 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

17. 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

18. Right to be accompanied Trade union representative Colleague

19. 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

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

21. Remedies Compensation Re-instatement Re-engagement

22. Compensation Basic award Compensatory award Increases and deductions