The document outlines the principles of employment law related to unfair dismissal and redundancy. It explains that employees with less than one year of continuous service cannot claim unfair dismissal, but certain protected categories are automatically entitled to protection. The document also discusses the definitions of fair and automatically unfair dismissals, the remedies available such as reinstatement and compensation, and the procedural requirements for handling dismissals and redundancies.

1. Employment Law III
- Unfair Dismissal
- Redundancy
EMPLOYEE RELATIONS
DR EBENEZER ODURO ANTIRI

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- Generally an employee who has less than one years continuous
employment cannot lodge a claim for unfair dismissal.
- Other exceptions include individuals over the age of 65, while those
cases which relate to dismissal on the grounds of race, sex, disability
sexual orientation and religious beliefs are automatically regarded as
unfair.
Unfair Dismissal
E M P L O Y M E N T L A W

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- If the employer is guilty of conduct which is a significant breach
going to the root of the contract of employment, or which shows that
the employer is no longer intends to be bound by one or more of the
essential terms of the contract, then the employee is entitled to treat
himself as discharged from any further performance.
Unfair Dismissal
E M P L O Y M E N T L A W

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- Note that the employers conduct must be regarded as a material
breach of the employment contract.
- It must be serious in order to justify the employee’s decision to
resign.
- Effectively the employee is claiming they have been ‘unfairly’
dismissed.
Unfair Dismissal
E M P L O Y M E N T L A W

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There are two main remedies for unfair dismissal:
1. Reinstatement
2. Compensation
Reinstatement
- Effectively there are 2 orders that an ET can issue requesting that
the employee be re-employed.
- These are known as Re-instatement orders or Re-engagement
orders.
Remedies for unfair dismissal
U N F A I R D I S M I S S A L

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Compensation
- At common law and at statute a court will not force an employer to
take back a dismissed employee if re-employment means that the
relationship between the employer and employee was going to be
characterised by conflict.
- The employer to argue that it is not practical to re-employ the
dismissed employee.
Remedies for unfair dismissal
U N F A I R D I S M I S S A L

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In order to show ‘fair’ dismissal that the employer must show that the
reason was either one of the following 5 matters:
- The reason for the dismissal relates to the capabilities or
qualifications of the employee for performing work or the kind which
he was employed by the employer to do;
- The reason for the dismissal relates to the conduct of the employee;
- The reason for the dismissal is that the employee was made
redundant;
‘Fair’ dismissal
U N F A I R D I S M I S S A L

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In order to show ‘fair’ dismissal that the employer must show that the
reason was either one of the following 5 matters:
- The reason for the dismissal is that the employee could not continue
to work in the position which he held without contravention, either
by him or by his employer, of a duty or restriction imposed by or
under statute or;
- The reason for the dismissal is retirement.
‘Fair’ dismissal
U N F A I R D I S M I S S A L

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Automatically unfair dismissals
- Dismissal for claiming a statutory right.
- Leave for a family reason.
- Health and safety cases.
- Working time cases.
‘Fair’ dismissal
U N F A I R D I S M I S S A L

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Automatically unfair dismissals
- Retirement of an employee
- Trade union membership
- Transfer of undertakings
- Jury service
‘Fair’ dismissal
U N F A I R D I S M I S S A L

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- As is the case with grievances, both employers and employees
should attempt to settle disciplinary matters informally, using third
parties if necessary.
- If an issue cannot be resolved informally the following stages should
be followed.
- Employer should establish the facts of the case (done without delay)
and may involve a preliminary meeting with the employee.
Dismissal Procedures
U N F A I R D I S M I S S A L

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- Employer should inform the employee of the problem.
- The employer should hold a meeting to discuss the problem. Time
must be given to prepare for the case. Any evidence should be
presented and explained.
- The meeting could result in a formal warning or some other
disciplinary action to be taken.
- The employer must decide upon appropriate action and inform the
employee of this decision in writing
Note: an employer should provide an opportunity to appeal.
Dismissal Procedures
U N F A I R D I S M I S S A L

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- An employee with at least 2 years continuous employment who is
made redundant is entitled to a statutory payment, as compensation
for the loss of his job.
Redundancy will occur if:
- The employer has ceased or intends to cease carrying on the
business or
- The requirements for employees to carry out work of a particular
kind or to carry it out at the place in which they are employed have
ceased or diminished.
Redundancy
E M P L O Y M E N T L A W

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- When an employer is intending to terminate an employee’s contract
by reason of redundancy, he has a duty to consult with the
appropriate representatives of the individuals who are affected e.g.
The Trade Union
Redundancy
E M P L O Y M E N T L A W

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Dismissal on the grounds of redundancy will be automatically unfair if
the employee was selected for redundancy in relation to any of the
following:
- Participation in trade union.
- Pregnancy or for a reason connected to it.
- Raising or taking action on the grounds of health and safety.
- Involvement in activities related to his role as a trustee of an
occupational pension scheme.
Redundancy
E M P L O Y M E N T L A W

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- Assertion of the right not to be forced to work on a Sunday because
he was classified as a protected worker or a betting shop worker or
because he had given an opting out notice to the employer.
- Assertion of certain statutory tights.
- Acting as an employee representative during consultations in relation
to proposed redundancies or during the transfer of undertakings.
Redundancy
E M P L O Y M E N T L A W

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