HR Management Assignment help on : Dismissal
The dismissals, redundancies and the retirements that are going in the organization cannot be ignored at any cost because it leads to lots of thoughts in the minds of the employees and even the structure of the organization tends to get completely changed. People work with each other in the work environment and if it is noticed that one of the employees isn’t any more associated with the organization then the productivity of the existing employees will also be disturbed. Everything in an organization needs to be tackled as per the existing legal requirements. The legal requirements of the HR policies are designed in such a way that it will be beneficial to the organization as well as the employees.
Dismissal
Dismissal, basically, means that an employee is asked to leave the organization with or without any prior notice or the contract of an employee comes to an end or the employee leaves the employer for some other reason. There are three types of dismissal; one is the fair dismissal, second is the unfair dismissal and the third one is wrongful dismissal (CIPD 2012).
Fair Dismissal
An employee in the organization can be dismissed from duty if his attendance isn’t regular, he comes late regularly to work or he is on leave for a long or short period of time. When an employee is being dismissed from the organization due to improper attendance or punctuality issues then it has to be proved with the help of proofs like that of attendance record. Similarly, if an employee is terminated because of irregular attendance then that cannot be done if he had submitted a medical certificate for the leave that he had taken. An employer has all the rights to dismiss an employee on the grounds of non-competence. Before asking the employee to leave the organization, the employer should explain things that are expected from him. A proper timeframe can be assigned to the employee for achieving the target that has been set forth for him. If he isn’t able to achieve the target then he should also be given a final warning. The employees can be dismissed from the organization if they aren’t having the required qualifications. If an employee joins the organization by faking about the qualification that he holds then he can be dismissed immediately. Secondly, if the employer wants the employee to upgrade his qualification and if the employee isn’t doing that he can be dismissed. When an employee behaves differently than what is expected from them then they can be dismissed. Misconduct can be gross misconduct or at a particular situation only. If an employee is caught stealing or reporting to work in a drunken state then he can be dismissed with immediate effect. Otherwise, if there are minor situations of misconduct then he can be given a warning before finally getting dismissed (CitizensInformation 2012).
Unfair dismissal
Unfair dismissal is also done by many employers but that should be avoided to the extent possible so that legal complications can be avoided in the future. Unfair dismissal is something wherein the employer dismisses the employee when they try to exercise their legal rights like that of maternity leave, minimum wage or anything of this kind. Apart from that if the employee feels that he has been dismissed because of the difference in caste, race or origin then they can go to the court to take legal actions (GetYourContent).
Wrongful dismissal
Wrongful dismissal is another thing which shouldn’t be undertaken by employers. A wrongful dismissal means that the employees are dismissed without following the rules and regulations which are mentioned in their employment contract. If an employer terminates an employee without any prior notice or a proper warning then employees can fight for their rights, legally (YourRights, 2008).
Redundancies
Redundancies cause a lot of stress if the employee doesn’t have another job opportunity with him. An employer needs to understand redundancy before he decides to apply this in the work environment. Redundancy can be applied only if the work that is currently being performed by the employee doesn’t exist anymore. If an employer thinks that he can fire a few of his employees, in the name of redundancy, and will hire someone else then the employee has all the rights to go ahead with legal procedures. Redundancy can be applied only when the employer thinks that the task performed by a particular employee isn’t required anymore and it can be because of the introduction of new technology, the business is being shut down or the employer is willing to undertake cost cutting. When an employer decides to make 20 or more employees redundant in the time period of 90 days or less than that then they should communicate to the various groups that they belong. The employer should try their level best to reduce the number of employees being redundant. The employees should be voluntarily be ready to be redundant as redundancy cannot be forced upon them. It is also advisable for an employer to set rules on redundancy. The rules should be set after a discussion with the trade union in the organization or the employee’s representative. This will allow the employees to trust the employer. If an employee has been with the organization for more than two years then they will have to be paid for redundancy (Acas).
Retirement
The law states that an employee can retire himself from his duty at the age of 65. Basically, when employees think that they are too old to perform their duties then they take retirement. The employers should calculate the employee’s years of association with the organization and accordingly they should pay them a pension amount every month so that they can take care of themselves for the rest of their life. Many employers have decided a retirement age for the employees but many organizations allow the employees to take this decision on their own (Gov.UK, 2012).
An employer should give a notice of minimum 12 months to the employee and if an employee wants to retire then he will have to give minimum 3 months notice. There won’t be any negotiation between the employer and employee on the retirement notice. If an employee wishes to stay back with the organization after the retirement then he should communicate his intention to the organization, at least three months in advance (DavenportLyons, 2011).
The employers are liable to follow the rules and regulations set forth by law. If any employer defaults on any of these laws then the employee can seek legal help. The penalty for defaulting any of these laws is very heavy.
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