CIMA BA4 Syllabus C. CONTRACT AND EMPLOYMENT LAW - Explain Unfair Dismissal - Notes ^{4 / 7}

Who is a qualified employee?

• Has at least two years continuous service (unless denied a statutory right)

• Work in the UK

• Not on unofficial strike action when dismissed

• Not in an excluded profession (eg police)

What are FAIR reasons to dismiss someone?

1. Employee not capable of doing the job

2. Gross Misconduct

3. Redundancy

4. Statutory restrictions – such as a bus driver who receives a driving ban

What are automatically UNFAIR reasons for dismissal?

1. Pregnancy

2. A spent (old) conviction

3. Official trade union membership

4. Just maintaining health and safety

5. Enforcing rights to the minimum wage/working time regulations

Where there's doubt as to the fairness of the Employers actions, the tribunal will look at whether the Employer acted REASONABLY

This means:

(a) Did they apply the correct procedures?
(b) Did they take all relevant circumstances into consideration?
(c) What would any reasonable employer have done?