Guide to Dismissal 2

	management
	Guide to dismissal

There are five 'potentially fair' reasons for dismissal which are as follows:-

a) Capability

b) Conduct

c) Redundancy

d) Illegality

e) Some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held.

Constructive Dismissal is an area which is often misunderstood by employees in particular. Constructive dismissal can be complex and no short summary can do it justice. We always recommend taking expert advice if faced with an allegation of constructive dismissal and those needing further information should contact the authors.

AWARDS

If the employer cannot persuade the tribunal that the dismissal was fair, then the employee will be successful in his claim. Although the tribunal can order reinstatement or re-engagement, the most common remedy is compensation.

The award made by the tribunal consists of two elements.

The first is called the basic award. It is calculated in much the same way as a redundancy payment according to a statutory formula and is not related to loss suffered by the employee. The employee gets one week's pay for each year of service (although complete years of service when he was under 20 attract only half a week's pay while years when he is over 41 attract 1.5 weeks' pay).