Conflict over Redundancies and Dismissals

Unfair Dismissals Acts 1977-2015

This law protects workers from being unfairly dismissed. Any employee with over one year of service is protected by the act. The employer is required to prove the dismissal was fair.

A dismissal is only allowed for certain reasons:

1. Redundancy
2. Incompetence
3. Qualifications
4. Misconduct
5. Failure to comply with legislation

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6. Redundancy: If an employees role is genuinely made redundant (no longer needed), they may be dismissed but the employer must follow proper procedure. Employers with over two years service are entitled to a redundancy payment.

• If the dismissed employee is immediately replaced with someone in the same role, this is an unfair dismissal.

7. Incompetence: If an employee cannot properly of completing their role to a reasonable standard, they may be dismissed.

• It is the responsibility of the employer to prove that the employee was incapable of completing the job.

8. Qualifications: An employee may be dismissed, if they do not have the qualifications needed to complete the job.
9. Misconduct: If an employee breaches company rules, they may be dismissed immediately.

• Example: Theft or fraud is grounds for immediate dismissal.

10. Failure to comply with legislation: If an employee breaks the law they may be dismissed.

• Example: If a delivery driver drives without a driving license they may be fired.

Dismissal Procedure

To dismiss an employee, an employer must follow the proper dismissal procedure. This consists of issuing verbal and written warnings explaining to an employee of any issues and advising them of how to rectify them. Only after these warnings have been issued may an employee be dismissed.

In the event that an employee is unfairly dismissed they are entitled to redress:

• Re-instatement: The employee may return to their job as if the dismissal did not happen. They are entitled to any pay rises or bonuses they would have received had they not been dismissed.
• Re-engagement: The employee may return to their job or be assigned another job but they are not entitled to any pay rises they would have received during the dismissal period.
• Compensation: The employee is paid financial compensation for the dismissal. The maximum compensation is two years salary.