This assignment covers all the content needed for Assignment 2 in the Unit 24 - Employment Law. All content can be easily accessed through the contents page and all references to where I accessed the information is also readily available at the end of the document. This essay received a D* and both...
Does not meet the Merit or Distinction criteria as there is no reference to decided cases or statutes as per the assessment criteria for these two grades.
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Assignment 2: Advice on resolving employment and work-based
issues
Unit 24: Employment Law
[Name]
Department of Business, [College]
[Assessor/Teacher]
[Date]
,Contents Page
Introduction
Section 1: Dismissal & Gross Misconduct
- Part 1: Dismissal and its reasons
- Part 2: Dismissal examples
Section 2: Exploring Dismissal
- Part 1: Process of dismissal
- Part 2: Discipline procedures, warnings, and appeals
- Part 3: Unfair dismissal
Section 3: Redundancies
- Part 1: What is redundancy?
- Part 2: The redundancy process
- Part 3: The case study and employment termination
Section 4: Grievances
- Part 1: Understanding grievances
- Part 2: ACAS and employment tribunals
- Part 3: Collective disputes and the grievance procedure
- Part 4: Case studies of grievances
Section 5: Impacts of informal and formal procedures on work-based issues
- Part 1: Positive impacts
- Part 2: Negative impacts
- Part 3: Judgement
Section 6: Procedures and their impacts on the employee and business
- Part 1: Positive impacts of procedures on businesses
- Part 2: Negative impacts of procedures on businesses
- Part 3: Positive impacts of procedures on employees
- Part 4: Negative impacts of procedures on employees
- Part 5: Judgement
Bibliography
, Introduction
The purpose of this report is to give advice on how businesses can help to resolve work-based
problems using procedures. I will looking at dismissal & gross misconduct, redundancies, grievances,
and how informal and formal procedures can positively and negatively impact both a business and
its employees.
Section 1: Dismissal & Gross Misconduct
Part 1: Dismissal and its reasons
Dismissal is described as the process of an employer ending the employment contract with an
employee, and this is not always preceded with a notice. When an employee is dismissed, their
employer must show that they can provide justifiable grounds and that they have acted reasonably
within the circumstances. Additionally, employers must ensure that they are consistent and fair
within their dismissal process, meaning they cannot be lenient with employees who have done the
same mistake. Before an employer can dismiss an employee, they must fully investigate the situation
that is causing the issues such as a complaint lodged against an employee 1.
Employees might be dismissed for a variety of reasons, and it can be both voluntarily and
involuntary as it depends on the personal situation of individuals.
Resignation – This is one of the most common forms of dismissal, and this is a voluntary process for
employees which they will notify their employees (typically in writing but can also be oral) that they
wish to leave their post2. The reason for resignation is subjective to individuals but all employees
must complete their notice period and then leave the company. A notice period is simply the
amount of time an employee is legally obliged to work for their employer after they resign, and this
is to allow employees to find replacements for the vacancy 3. This period is varied in length and is
dependent on how valuable an employee is to a company, for example an executive director
resigning will have a longer notice period than a store assistant.
Capability – Employees may also be dismissed due to them not having either the mental or physical
capabilities to carry out a function. This type of dismissal can be tricky to define due to an employer
having to provide through justifiable reasoning for the dismissal of an employee. Before an employer
can dismiss an employee, they must provide them with training and give them access to support
otherwise an employee could claim for the dismissal to be unfair, which would begin legal challenges
at a tribunal4.
Conduct – Employees may also be dismissed from their position due to their conduct, such as not
working to the standards expected by their employer or being consistently late 5. There is a
difference between an employee being dismissed for conduct and gross misconduct, which is down
to the severity of their actions. If it be a violation of normal business conducts, then an employer
should be following the warning systems that the company has in place. However, should it be gross
misconduct then an employee can be suspended due to their being justifiable grounds and an
investigation must begin.
1
https://www.gov.uk/dismissal
2
https://dictionary.cambridge.org/dictionary/english/resignation
3
https://tinyurl.com/ACASNoticePeriod
4
https://tinyurl.com/DismissalCapability
5
https://www.merriam-webster.com/dictionary/conduct
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