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Human Resources

Unfair dismissal, grievance procedures and employment tribunals

  • 2 things to know
  • Components 01, 02 and 03

Overview

Recall questions on unfair dismissal and the reasons that make it automatic, whistleblowing, constructive and wrongful dismissal, the qualifying period of service, grievances and formal grievance procedures, employment tribunals, their purposes and remedies, settling claims, and how tribunals shape dismissal practice.

What you need to know

Answer each one before you reveal it.

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Process

Describe the stages of a formal grievance procedure.

Key term

Why does the law give whistleblowers special protection from dismissal?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is meant by unfair dismissal?

    Model answer

    It is dismissal for a reason the law does not accept as fair, or for a fair reason handled through an unfair procedure.

  2. 2

    Name four reasons that make a dismissal automatically unfair.

    Model answer

    Dismissing an employee because she is pregnant, because of trade union membership, because of a protected characteristic such as race or disability, or because they have blown the whistle on wrongdoing is automatically unfair.

  3. 3

    What is meant by whistleblowing?

    Model answer

    It is an employee disclosing wrongdoing by their employer, such as fraud or a danger to health, in the public interest.

  4. 4

    Why does the law give whistleblowers special protection from dismissal?

    Model answer

    Without protection employees would stay silent about danger or fraud for fear of losing their jobs, so the wrongdoing would continue unchecked.

  5. 5

    What does constructive dismissal mean?

    Model answer

    It is where an employee resigns because the employer's conduct has made the job intolerable or broken the contract, and the law treats the resignation as a dismissal by the employer.

  6. 6

    What is meant by wrongful dismissal?

    Model answer

    It is dismissal that breaches the contract of employment itself, most often by failing to give the notice the contract requires.

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