|
Employment Law
Fair Reasons for dismissal
b) Conduct
Examples of misconduct justifying dismissal include theft, corruption, taking bribes, being drunk at work, abusive behaviour, leaking confidential documents or information, hacking into computer files, including stealing passwords, being regularly absent from work, repetitive lateness, wearing of unsuitable clothes or appearance, taking holidays without seeking permission, inappropriate conduct with other staff members inappropriate conduct outside working hours that affect performance; abusing the employer.
The conduct may have occurred persistently or may have been a single incident of serious misconduct.
The tribunal will need to be satisfied that the conduct was properly investigated and that that the employer has some reasonable grounds to believe that the employee had committed the misconduct. The employer is not expected to have conclusive actual proof in cases of dishonesty but must have come to it’s conclusion reasonably.
Cases of misconduct will obviously necessitate disciplinary action and the employer will need to show that a proper investigation was carried out in accordance with it’s own disciplinary procedures. (See Disciplinary Procedures).
c) Redundancy
Redundancy is where the job carried out by the employee is no longer required. It involves either the closure of a business as a whole or closure of a particular department where the employee was employed or a reduction in the size of the workforce. For example the particular job required of the employee is no longer required by the business of the employer either due to downsizing, changing in re-organisation or market demands.
The employer must have a fair selection process for choosing which employees will be made redundant. Once the policy has been decided upon the employer must stick to it. One of the most common policies is the "last in" - "first out"
The employer must be able to show that whatever criteria or policy was used that it was properly enforced.
An employer is not allowed to select an employee for redundancy if the reason for selecting the employee falls within the unfair dismissal exceptions.
d) Breaking the Law
If an employee who is a driver looses their licence by committing a driving offence then it would be reasonable for a dismissal on that ground. Obviously it does depend on the law that has been broken, it may not for example be reasonable to dismiss an employee who has committing a speeding offence if driving is not are requirement of the employee’s job.
Convictions of dishonesty such as theft, fraud would in most case warrant a dismissal whatever the job. Employers are not required to have conclusive proof of the commission of offence to the same standard as would be required by a criminal court. They only need to show that the belief was held in good faith on reasonable grounds after a fair investigation.
e) Any other Substantial Reason
This is very wide and used to cover virtually any other possibility. It is for the employer to show that the reason is a reasonable one. If a company introduces computerisation to improve efficiency and an employee refuses to reorganise his work or use a computer then it would be fair to dismiss him. If a business depends heavily on a large client who does not wish to retain the services of a particular employee then it may be reasonable for the employer to dismiss the employee if by no doing so the employer may loose the business of the client. Each case would depend upon the circumstances and ultimately the employment tribunal would determine what falls within the range of fair reasons.
|