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Dismissal Continued

HR BHND1 . Dismissal Continued . Unfair Dismissal . Under the Unfair Dismissals Act 1977, once an employee has been continuously employed for one year he/she has a right of action if he/she is unfairly dismissed.

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Dismissal Continued

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  1. HR BHND1 Dismissal Continued

  2. Unfair Dismissal • Under the Unfair Dismissals Act 1977, once an employee has been continuously employed for one year he/she has a right of action if he/she is unfairly dismissed. • If an employee has been dismissed and perceives it as being unfair he or she can bring a case to the EAT (Employment Appeals Tribunal)

  3. Unfair Dismissal A dismissal is considered by the EAT to be automatically unfair if the employee is dismissed for any of the following reasons: • Membership or proposed membership of a trade union or engaging in trade union activities • Religious or political opinions

  4. Unfair Dismissal • Race, colour, sexual orientation, age or membership of the Traveller community • Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth • Availing of rights under legislation to maternity leave, adoptive leave, carer’s leave , parental leave or force majeure leave

  5. Unfair Dismissal • Legal proceedings against an employer where an employee is a party or a witness • Unfair selection for redundancy

  6. Seems straight forward? • Consider the Case of Ms Heffernan ? • Gross Misconduct • But …..

  7. What do you think? Justified Dismissal Unfair Dismissal

  8. John Doe • John worked for McDonalds for two years • John gave a friend whom he worked with extra toppings on his McFlurry • John got fired on the spot for stealing • John claimed that his friend said “don’t skimp on the toppings” so John put what he called a generous helping of toppings on his McFlurry

  9. Appeal • John claimed unfair dismissal • What do you think? Red or Green ?

  10. Mary O Neill • Mary worked for a computer company called BCC for three years • BCC computers had a policy in place regarding Social Media • Mary was dismissed for putting derogatory comments about her workplace on Facebook • Mary was dismissed under the terms of gross misconduct

  11. Appeal • Mary claimed she was having a bad day and ranted online and showed no remorse for doing so • Mary claimed unfair dismissal • What do you think? Red or Green ?

  12. Is it Reasonable ? • As we have seen cases that seem fair or in accordance with a companies policy and procedures – it can still be considered unfair • This is because the EAT will look at how reasonable the decision was • As we have now seen with many cases what might be considered “fair procedure” is not always considered best practice

  13. Therefore • When companies or Human Resource departments are designing their policies it is important that they consider how reasonable their policy and procedures are • If not they may be subject to a ruling of unfair dismissal even if they are following their correct procedure

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