Employee Dismissal Essay Example | Topics and Well Written Essays - 2500 words

Employee Dismissal - Essay Example It the employer is still not satisfied with the employees' performance or conduct he then dismisses the employee or he could even opt for other sanctions. The employee is then allowed to make an appeal if at all he wishes against the disciplinary action that has been taken against him and the employer listens to all the appeals and further gives his final decision. (Honeyball 2006) According to the legislation the employees have a right to receive free, fair and just treatment from their employers. Thus when it comes to dismissing an employee the employer should handle the issue procedurally and in an acceptable manner. The employer needs to also have a valid reason for dismissing an employee. (Deakin and Morris, 2005) There comes a point in an organisation when it becomes really necessary to release an employee as a result of a disciplinary action or even because of an employee's redundancy. However whatever the reason that could be behind the dismissal of an employee there are general requirements as well as legislative procedures that should be followed so as to make the whole dismissal process free and fair. Similarly the decision making process in dismissing an employee should be very professional and there are some guidelines which are to be followed. (Honeyball 2006) If all the avenues have been explored and there is a v... Similarly the decision making process in dismissing an employee should be very professional and there are some guidelines which are to be followed. (Honeyball 2006) Steps employer must take in order to dismiss an employee fairly If all the avenues have been explored and there is a very serious damage that is being done on the businesses as well as the workplace threw may lack any other viable option than dismissing the employee. The reasons behind dismissing an employee should be fair and also legal and three of these reasons could be applied potentially. 1. The employee's capability. If an employees' capability is affected by either sickness or even accident and they are unable to carry out their delegated duties thus affecting the proper functioning of the organisation, then they can be dismissed by an employer. If an employee is dismissal could be termed as fair if it is based on their capability or even their qualifications to perform the expected duties in an organisation. 2. The employee's misconduct. If an employee misbehaves in the work place then this could be proper grounds for his dismissal after proper investigations have been conducted. Similarly if an employee's conduct is not in line with the organisations code of conduct then this could also be a fair ground for the employee to be dismissed. 3. Other substantial reasons. Other substantial reasons could be considered to be fair enough in the dismissal of an employee by an employer. If an employers reason for dismissing an employee is substantial and it can be validated then the dismissal could be termed as being just and also fair. 4. Retirement. If an employee is dismissed based on their retirement schedule then this is considered to be a fair dismissal since the employees retirement

See 'Assignment Criteria' below Case Study Example | Topics and Well Written Essays - 1750 words

See 'Assignment Criteria' below - Case Study Example The United Kingdom had not implemented this Directive by the required date but the Minister of Health, had issued a statement in the House of Commons to the effect that the United Kingdom's existing legislation, in respect of occupational injuries was fully compliant with this Directive. However, the legislation provides a remedy only to those employees who had been working, for the same employer for at least three years. The Health and Safety Regulations 19921 states that a business employing staff who have to work on computers for a long time, is duty bound to, first, assess and reduce risks. Some of these risks are aches and pains in the upper limbs, known as repetitive strain injury or RSI and headaches and stress. In order to mitigate the deleterious effect of this type of work, it is imperative that a correct posture has to be adopted for computer use and persons working on computers have to take regular breaks from looking at the screen. Further, it has to be ensured that workstations meet the minimum requirements, namely the provision of adjustable chairs and non-glare lighting. This also includes the general work environment issues such as congestion in the office. Commensurate with the intensity of the work, recesses from work have to be planned and implemented. During these breaks, employees should be permitted to stop using the computer. Such employers have to provide either free or reimbursable ophthalmologic tests to their employees. If special spectacles are prescribed for use while doing the job, then the employer must pay for such spectacles. In addition to this employers have to provide health and safety information and training to their employees, who should know how to use their workstations correctly.2 The EEC Treaty - Article 118a states that the Member States should pay particular attention to encouraging improvements. This is to be especially enforced in the working environment giving special emphasis to the health and safety of workers. Further, the Member States' objective should be the harmonization of conditions, with due attention being given to maintaining the improvements already made. In order to help achieve this objective the Council, acting by a qualified majority on a proposal from the Commission, in cooperation with the European Parliament and after consulting the Economic and Social Committee, should adopt, by means of directives, minimum requirements for gradual implementation, taking into consideration the conditions and technical rules obtaining in each of the Member States. The provisions adopted pursuant to this Article should not prevent any Member State from maintaining or introducing more stringent measures, which are formulated for the express purpose of p rotecting the working conditions of workers, compatible with this Treaty. Employees on fixed term contracts should be treated as favorably as permanent workers are. There are two sets of regulations required to implement the EC Fixed Term Work Directive 1999/70/EC (the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (Amendment) Regulations 2002). The basic idea of the new fixed term work regulations is to make it unlawful to treat a fixed-term employee less favourably than a comparable non-fixed term employee engaged in similar work