申诉第一个作业.doc

詻筱敉1. Identify and explain five reasons for dismissal that would be considered fair according to current legal definitions.The reasons for dismissal that would be considered fair according to current legal definitions:(1) Incapability, which covers issued in relation to health and mental capabilities in addition to competence including skill and aptitude. For example, a secretary always five the manager wrong documents and arrange wrong time to meet clients.(2) Misconduct, it means the employee has many impolite behaviors, like bad time keeping, theft or abuse. For example, a cleaner is late for work every day for a month.(3) Redundancy, providing the method for selection was fair and the procedure was properly followed. For example, a publicize department of a company has lots of employees. At this time the company can through some effective way, like exam to choose the approach employee and the procedure was properly followed.(4) Qualifications, failure to have qualifications relevant to the job. For example, a lawyer who is disqualified from human resource manages.(5) Going out on an unlawful strike, as long as the employee was not singled out for this treatment and all striking employees were treated alike. For example, some employees are disagree the companys rules and held unlawful strike; the company can carry out properly procedure dismissal the employees.2. Explain your understanding of the term unfair dismissal, and provide examples of three fundamental questions that an Employment Tribunal would be seeking answers to, when considering whether or not to find a dismissal unfair.Unfair dismissal is infringe the relation law stipulate the employer take unfair way terminated the employment with employees. It depending on the reason fordismissal and whether act reasonably during the dismissal process. As usual the reason and process is not reasonable. Unfair dismissal occurs where the employer is in breach of a statutory duty to treat the employee fairly. It encroach the lawful rights and interests of employees.(1) Was there sufficient permissible reason for the dismissal? For example, an employer wants to dismissal an employee, he must give a reasonable reason for the employee convince.(2) Did the employer act reasonably in the circumstances? For example, when an employer wants to dismissal an employee he must think about carefully. If the reason is not able to dismissal the employee he could change a way to punishment he.(3) Have the employers acted reasonably in the dismissal procedure? For example, when an employer dismissal an employee he must give a exhaustive survey to ensure dismissal is reasonable.3. Give at least six examples of conditions that would automatically make a dismissal unfair. Please remember to provide examples of relevant employment law cases.(1) Trade union membership or activities .For example, a driver for participating in union activities by the company dismissed is an unfair dismissal.(2) Dismissal on maternity related grounds. For example, a woman become pregnant but the company want dismiss her.(3) Dismissal for taking, or proposing to take, some action on health and safety grounds, for example trying to bring a health and safety issue to an employers attention. (4) Dismissal for having sought to exercise a statutory employment right, for example alleging that an employer has infringed an employees right to a minimum period of notice, or any form of unlawful discrimination.(5) Dismissal of a shop worker or betting worker for refusing, or proposing to refuse, to do shop work on Sundays. (6) Reasons connected with the transfer of an undertaking from one employer to another employer. Unlike the other reasons in this list, an employee must have at least two years service before they could bring a claim against their employer for this type of dismissal. For example, an employee works in a company for many years, one day he went to another company apply for another job, The companys managers believe that she wants to quit and she was dismissal. It was unfair dismissal.4. Explain the terms wrongful dismissal and constructive dismissal and explain how these terms differ from unfair dismissal.(1) Constructive dismissal is a term used to describe the situation where an employee leaves their job because of the employers behavior. It occurs where an employee resigns because the employers actions must have amounted to a fundamental breach of contract.Wrongful dismissal is in a category somewhat separate from other types of dismissal. It occurs where the employer is in breach of contract in dismissing an employee. Unfair dismissal occurs where the employer is in breach of a statutory duty to treat the employee fairly.(2) One hand constructive dismissal and wrongful dismissal are violation the connact, unfair dismissal violation treat the employee equally. On the other hand constructive dismissal and weongful dismissal didnt have working time limit, but unfair dismissal should has more than one years employment.5. What employment conditions must be met before a worker is eligible to claim unfair dismissal?If an employee feels that their employer has unfairly dismissed them, they may be entitled to have their complaint considered before an Employment Tribunal, provided they meet the following criteria:(1) An employee must be employed on a full or part-time basis. The amount of hours worked per week is irrelevant.(2) An employee must have one years continuous employment. (There are exceptions to this rule, which are explained in the section automatically unfair reasons for dismissal).(3) An employee must be below the normal retirement age. (Again, there are exceptions to this in relation to dismissal for automatically unfair reasons.)For example, an employee was graduate from an university and worked for a company for three years with a contract. If he meet unfair dismissal, he could claim unfair dismissal.6. What factors would a tribunal take into account in deciding whether or not an employer has acted appropriately when dismissing an employee?A tribunal will consider most cases from three points of view:(1) Have the employers acted reasonably in treating the employees actions as sufficient grounds to justify dismissal.(2) Have the employers acted reasonably in the dismissal procedure.(3) Did the employer act reasonably in the circumstance.For example, an employee was late for work for many times, and always have wrong in working. Then he was dismissal. At this time the manager should investigate the reason why he was late for work and has wrong in working and decide whether dismiss he. If the employee didnt has other reasonable reason, the employer can dismissal him with the reasonal procedure.7. What practical measures could an employer take to ensure that all dismissals are conducted fairly?There are some practical steps that an employer may take in order to avoid being found by an employment tribunal to have dismissed an employee unfairly:(1) Implement publicities and procedures in accordance with ACAS guidelines, which describe how all discipline and grievance issues should be handled.(2) Make sure that all employees have access to these procedures, and that new employees are introduced to them as part of their induction.(3) Ensure that all staff are trained to handle discipline and grievance correctly at their level and in accordance with the organizations policies and procedures.(4) Keep up to date with ACAS codes of practice and guidelines in respect of handling discipline and grievance, and make sure that the organizations procedures comply with models of best practice.(5) Keep informed of current developments in the legal framework that relate to employment rights.(6) Develop links with specialist advisors (such as Employment Law legal specialists) to help with specific complex cases.8. Dexcribe the details of a case study that illustrate unfair dismissal. Include the source of your case, the circumstances, the outcome and your comments on the decision.(1)The source: http:/www.guardian. co.uk/media/2010/mar/09/clifford-news(2)The case:Emma Amelia Pearl Czikai is a singer. But she has disease and The former nurse claims that her performance suffered as a result of cervical spine neuritis, which can cause head and shoulder pain and which affects her ability to hear her own singing voice in noisy environments such as the audition arena.Czikai is so aggrieved at her treatment and in particular at what she sees as the programmes refusal to take into account a medical condition that she has complained to the media regulator Ofcom and lodged a complaint of unfairness and discrimination with the employment tribunal.She told the judges that she believed the backing track was too loud when she performed and that she was not used to the microphone provided.Czikai said she was lodging her claim under the Disability Discrimination Act 1995 as she believes her medically documented disabilities affected her audition.She also maintains that Britains Got Talent can be classed as her employer because the auditions were a process of elimination in which candidates competed for short-term employment contracts for a road show.Although Ofcom did not uphold Czikais claim that she was treated unfairly on the programme as broadcast, the employment tribunal yesterday confirmed that it had received a complaint against Britains Got Talent and had given the programme makers 28 days to respond. The conciliation body, Acas, has also automatically become involved.Czikai said she expected Cowell to be called to give evidence if her claim proceeds to a hearing. Her case was described by one employment law expert as certain