Essay
Unit 14 - P7
- Institution
- PEARSON (PEARSON)
Distinction standard achieved on all work. Successfully passed first time.
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99237273James Tilley
Unit 14 – Aspects of Employment Law
P7 – Identfy tte procedures ttat an organisaton stould follow
wten dismissing an employee, and tte provisional for redundancy.
When a business decides to dismiss an employee, there are a number of steps which must be
followed to ensure this is done correctly and within the law.
Firstly, the management of a business must identfy the reasoning behind the terminaton of the
employees contract. If the manager does not know the individual who is having their contract being
considered, they will have to make sure they meet with the representatves who knows the
individual, so they can identfy whether the dismissal is considered as justied or not.
This would need to be done to ensure that the dismissal has not been caused by something the
supervisor is not aware of, which may lead to the dismissal of an employee which may have been
avoided. The implicatons of the dismissal must also be identied. This is because the worker may be
essental to the daily running of the business, and if the dismissal went ahead, the company may
cease to be productve untl a new worker is hired to ill in the lost positon. In certain cases, this
tme in between iring one worker and hiring an additon may result in the company losing a large
amount of money.
In some cases, the employer should meet with the employee to discuss why they feel the situaton
has arisen, as well as their side of the story, to try to identfy why they acted in the way in which
they were actng.
After this, the management of the business will need to ensure that the terminaton of the contract
follows the correct legal procedure. The management will need to reintroduce themselves to the
contract of the individual who is having the acton taken against them. They will then need to
identfy whether the actons taken by the individual break the terms of this contract. If this is the
case, the terminaton can proceed further, however, if there is no speciied aspect of the contract
which has been broken, the terminaton will not be able to be considered on the grounds it was
previously applied under.
If the management stll do not understand whether the company has broken the rules, they may
have to hire a lawyer who will explain to them the laws which have been broken, if any, and how
they should proceed with the terminaton of the employee, if applicable.
The company will then need to meet the worker to deliver the informaton about their contract
terminaton. To be prepared for this, the company will need to prepare for the meetng, using other
people to take minutes, or for a witness, or even set up recording equipment to ensure the meetng
is documented in case the employee makes claims about the management of the staf. This can also
be used to help to teach the staf how to react in similar situatons and how situatons can be
difused, if the meetng goes badly. Furthermore, depending on the job, this may include the
terminaton of the codes the worker has to access foors, rooms or computer systems.
The employee should be invited away from the rest of the employees, or to a meetng, to discuss the
terminaton of their contract. The manager should tell the employee that they have been dismissed,
however, they do not necessarily have to explain the reasons why this is being pushed forward,
unless asked. Although this is not needed legally, a company will explain in detail the reasons why in
order to be able to use these legally if the employee tries to sue, is violent, or tries to reapply for
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