Autumn 2007 Newsletter
Contents
Borrowed clothes?
You want it when?
The daily grind
Knock knock
Computers@home
Stick to the facts
It's personal
Expense claims
Cash down
Plant buying
Hobson's choice
A helping hand
Education, education
Up with the Joneses
Bills bills bills
Done to a crisp
Tax association
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Stick to the facts
Suppose you want to fire someone. You have to go through the statutory procedure warning the employee, and there are six reasons which are considered "fair" under the law: conduct, capability, redundancy, retirement, contravention of a law (such as when a van driver loses his licence) and dismissal for some other substantial reason such as reorganisation of the business. If you don't follow the procedure, or the reason isn't on the list, the dismissal will be "unfair" and the employee will be entitled to compensation.
A recent case highlighted the importance of stating the true reason for a dismissal. A union official was sacked after a brawl at an annual picnic, and the reason given was misconduct. The other party to the brawl was not sacked, and the Employment Tribunal decided that the real reason for the sacking was the employee's political views. Compensation was due.
Sometimes a different reason might be cited instead of the true one in order to save the employee's feelings - you might claim they were redundant (their job had disappeared) instead of misconduct or incapability. If that comes out, the dismissal will always be unfair: you have to tell it like it is.
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