Here are some Employment Law Q & A for Employers.
1. How can an employer avoid unfairly dismissing an employee or employees?
In order to avoid unfairly dismissing an employee or employees, the employer’s reason(s) for the dismissal must be fair, for instance: a. a reason relating to the employee’s capability or qualification for performing work of the kind s/he was employed to do b. a reason relating to the conduct of the employee c. the employee is made redundant or d. for some other substantial reason of a kind that would justify dismissal.
2. What procedures should be followed when dismissing an employee?
This would vary as it would depend on the reason for dismissal. If an employee is dismissed for gross misconduct for instance, the procedure would be different to say someone dismissed due to a redundancy situation.
3. Can an employer avoid unfair dismissal claims by dismissing employees one week before their continuity of employment has accrued?
No, where an employer fails to serve notice, or insufficient statutory notice, the period of employment will be extended. The employment would be deemed to be continuing.
4. Can an employer dismiss an employee for incapability?
Yes, Section 98(3)(a) and S98 (2)(a) of the Employment Rights Act 1996 addresses this. The statutory definition of ‘capacity’ is capability assessed by reference to skill, aptitude, health or any other physical or mental quality. Qualification means, any degree, diploma or other academic, technical or professional qualification relevant to the position which the employee held.
