Before the dismissal
If an employer wants to dismiss an employee, there is a process to be followed.
Instances of minor misconduct and poor performance must first be addressed through some preliminary steps.
Firstly, you should be given an improvement note. This will explain the problem, outline any necessary changes and offer some assistance in correcting the situation. Then, if your employer does not think your performance has improved, you may be given a written warning. The last step is called a final written warning which will inform you that you will be dismissed unless there are improvements in performance. If there is no improvement, your employer can begin the dismissal procedure.
The dismissal procedure begins with a letter from the employer setting out the charges made against the employee. The employee will be invited to a meeting to discuss these accusations. If the employee denies the charges, he is given the opportunity to appear at a formal appeal hearing in front of a different manager. After this, a decision is made as to whether the employee will be let go or not.
Dismissals
Of the various types of dismissal, a fair dismissal is the best kind if an employer wants an employee out of the workplace. A fair dismissal is legally and contractually strong and it means all the necessary procedures have been correctly followed. In cases where an employee’s misconduct has been very serious, however, an employer may not have to follow all of these procedures. If the employer can prove that the employee’s behaviour was illegal, dangerous or severely wrong, the employee can be dismissed immediately: a procedure known as summary dismissal.
Sometimes a dismissal is not considered to have taken place fairly. One of these types is wrongful dismissal and involves a breach of contract by the employer. This could involve dismissing an employee without notice or without following proper disciplinary and dismissal procedures. Another type, unfair dismissal, is when an employee is sacked without good cause.
There is another kind of dismissal, known as constructive dismissal, which is slightly peculiar because the employee is not actually openly dismissed by the employer. In this case the employee is forced into resigning by an employer who tries to make significant changes to the original contract. This could mean an employee might have to work night shifts after originally signing on for day work, or he could be made to work in dangerous conditions.
Before
the dismissal
If an
employer
wants to dismiss an
employee
, there is a process to
be followed
.
Instances of minor misconduct and poor performance
must
first
be addressed
through
some
preliminary steps.
Firstly
, you should be
given
an improvement note. This will
explain
the problem, outline any necessary
changes
and offer
some
assistance in correcting the situation. Then, if your
employer
does not
think
your performance has
improved
, you may be
given
a written warning. The last step
is called
a final written warning which will inform you that you will
be dismissed
unless there are improvements in performance. If there is no improvement, your
employer
can
begin
the dismissal procedure.
The dismissal
procedure
begins
with a letter from the
employer
setting out the charges made against the
employee
. The
employee
will
be invited
to a meeting to discuss these accusations. If the
employee
denies the charges, he is
given
the opportunity to appear at a formal appeal hearing in front of a
different
manager. After this, a decision
is made
as to whether
the
employee
will be
let
go or not.
Dismissals
Of the various types of dismissal, a
fair
dismissal is the best kind if an
employer
wants an
employee
out of the workplace. A
fair
dismissal is
legally
and
contractually
strong and it means all the necessary
procedures
have been
correctly
followed. In cases where an
employee’s
misconduct has been
very
serious,
however
, an
employer
may not
have to
follow all of these
procedures
. If the
employer
can prove that the
employee’s
behaviour
was illegal,
dangerous
or
severely
wrong
, the
employee
can
be dismissed
immediately: a
procedure
known as summary dismissal.
Sometimes
a dismissal is not considered to have taken place
fairly
. One of these types is wrongful dismissal and involves a breach of contract by the
employer
. This could involve dismissing an
employee
without notice or without following proper disciplinary and dismissal
procedures
. Another type, unfair dismissal, is when an
employee
is sacked
without
good
cause.
There is another kind of dismissal, known as constructive dismissal, which is
slightly
peculiar
because
the
employee
is not actually
openly
dismissed by the
employer
.
In this case
the
employee
is forced
into resigning by an
employer
who tries to
make
significant
changes
to the original contract. This could mean an
employee
might
have to
work night shifts after
originally
signing on for day work, or he could
be made
to work in
dangerous
conditions.