Explain the Principles of Legislation Relating to Unfair Dismissal in Respect of Capability and Misconduct Issues.
Unfair dismissal is when an employer terminates an employee’s employment without a valid reason. In the UK, the principle of legislation relating to unfair dismissal is governed by the Employment Rights Act 1996. The principles of legislation relating to unfair dismissal protect employees from unjust treatment by their employer and ensure that any termination of employment is based on valid reasons and follows a fair procedure (Howe,2016). Some of the principles relating to capability and misconduct present in the UK Employee Rights Act 1996 are:
Capability
An employer must have a reasonable reason to fire an employee, such as the employee’s ability or qualifications for the job. In addition, an employer must conduct a fair and reasonable evaluation of the employee’s ability to carry out their role. An employer must consider any disabilities that an employee may have and make reasonable arrangements to support their performance. Before being fired, an employee must be allowed the opportunity to improve their performance through training and support (Howe, 2016).
The case of London Borough of Hackney v Clarke is one out of capability principle. In this case, the employee, Mrs. Clarke, was a school cleaner and was absent from work for several months due to a knee injury. Her employer dismissed her after she returned and refused to accept a less exerting job, however the employer won since he had dismissed her fairly.
Misconduct
An employer must have a legitimate reason to fire an employee, such as their behavior.
An employer is required to conduct a fair and reasonable investigation into alleged misconduct.
Before making a decision, an employee must be given the opportunity to respond to any allegations of misconduct. The misconduct must be serious enough to warrant dismissal and not be a minor or isolated incident. In both cases, if an employee believes that their dismissal was unfair, they have the right to bring a claim for unfair dismissal. This can be done by bringing a case to an employment tribunal. The tribunal will consider the facts of the case and the applicable legislation and make a decision on whether the dismissal was fair or not. If the tribunal finds that the dismissal was unfair, it may order the employer to pay compensation to the employee. (Howe, 2016).
Stringer v HM Revenue and Customs is a case of misconduct. Mr. Stringer, the employee in this case, was fired for breach of trust and confidence after disclosing confidential information to a third-party contrary to The Employment Rights Act of 1996.
References
Howe, J. (2016). Rethinking job security: A comparative analysis of unfair dismissal law in the UK, Australia, and the USA. Routledge.
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