Explain the principles of legislation relating to dismissal in respect of capability and misconduct issues

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According to UK laws, every employee has the right to a fair and just dismissal. There are five possible reasons for dismissal under the 1996 Employment Rights Act: capability, conduct, redundancy, a legal basis, or any other substantial reason (Employment law| CIPD, n.d). However, while the aforementioned are causes for dismissal, to guarantee fair treatment of the process and in case of misconduct or capability difficulties, the employer must manage the matters per the ACAS Code of Practice on disciplinary and grievance procedures (Employment law| CIPD, n.d). Failure to comply with the stated guidelines could result in a claim of wrongful dismissal from the employee even if the reason for termination were valid. Some of the principles of legislation relevant to dismissal include;

Fairness: Dismissal must be fair and reasonable, even if it falls under one of the five possible reasons for dismissal listed by the employer.

Investigation: If not handled correctly, dismissal is a critical issue that could lead to litigation. Because of this, managers must perform investigations before deciding that dismissal is the best option (Employment law| CIPD, n.d.).

Following a fair procedure: To ensure a fair dismissal, employers must abide by the Acas code of practice. If employers don’t, they could end up in front of an employment tribunal, where they would have to compensate the employee.

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