ABSTRACT

Terminating a job can be a diffi cult and often emotional task, as it affects many people. Termination can take many forms, such as dismissal or being made redundant, and it is vital that employers are clear about the reasons for termination of employment, and that these are clearly set out and explained to the employee. In this chapter we will consider dismissal and redundancy in greater detail. Dismissal can occur for a number of reasons, such as gross misconduct, and in this case the employer would have a duty to investigate any misconduct through a set procedure. For example, If Mary, a secretary, is dismissed for falsifying her time records this is misconduct which is a potentially fair reason to dismiss. However, her employer should have considered the alleged misconduct and investigated the allegation before deciding on a disciplinary sanction. Not all dismissal is managed effectively or fairly, and the employee may be wrongfully, unfairly or constructively dismissed. In these cases, there is an expectation that the issues should be solved informally if possible, such as by addressing the issues and reaching a conclusion, or using conciliation or negotiation. If an employer is expecting that redundancies are likely to be made, it is recommended that the employer develops a procedure for handling the redundancies in advance, taking all possibilities into consideration. This procedure should be available to employees and be followed when required. Alternative employment is one option which could be considered within any procedure, with the employer offering alternative employment opportunities if possible. You will fi nd further detail on dismissal and redundancy procedures as you read through this chapter.