Solution
Executive summary
Significances and features of employment Acts are evaluated broadly in this assessment. The researches on employment sectors describe that the acts are changing depending on the business structures. It has been noted that high productive organizations are the ones that give laws of employment the priority. Additionally, implications of identified benefits of the regulations would include varying employment markets, changing demands, and supplies of skills and knowledge and competitors. In suggestion, these laws should be enhanced in all organizations for smooth running and healthy relationship among employees and employers
Table of Contents
Formative Assessment 4 (40572/39) 7ELW.. 1
2.0 Circumstances under which Gross conduct dismissal occur in workplace. 3
3.0 Conditions which employees are forced to claim constructive dismissal 4
4.0 Benefits of recognition agreement to employees. 5
1.0 Introduction
In recent years according to (, CIPD 2020), employment laws has circumscribed the relationship among unions, employers and employees. They protect employees by granting them the rights to intermingle and allow employers and employees to engage in work activities in order to strengthen their relationship. It is clear that the employment law fields are evolving constantly since workplace often changes faster .This paper focus on circumstances that lead to fair and unfair dismissal in a workplace. Additionally, if emphasize on trade union relationship with companies and signing of recognition agreement.
2.0 Circumstances under which Gross conduct dismissal occur in workplace
Offensive behavior that occur between two colleagues, or between a worker and a customer usually damage the reputation of the company in many ways. John and Eric has been fighting due to a number of disagreements over the years. This has damaged the reputation of the company and therefore, a manager has decided to take an action to dismiss both of them.
According to (Cabrelli, 2016), dismissal without notice can be legally accepted when an employee commits a conduct of gross misconduct. Misconduct means unlawful behavior or neglecting of duties assigned with. IN the case of John and Eric, this is an offensive behavior and it calls for gross misconduct. Gross misconducts refers to behavior that can get a person dismissed straight away from work because it is serious and possibly criminal. Therefore, employer must employ proper displinary procedures to ensure that the dismissal is classed fair.
The following procedures should be adhered by the employer when contemplating a dismissal (Stevens, 2020);
Step 1.Employers must set on in writing the reasons why dismissal or displinary actions against employees are being considered .The letter should entail briefly the reason to why the displinary meeting is held and it should state that the outcome of the displinary process maybe the dismissal of the employee. A copy of this must be sent to the employees who must be invited to attend a meeting to discuss the matter, with the right to be accompanied by a colleague are a friend to represent him or her.
Step 2.Ameeting must take place giving the employee the opportunity to put forward their case. The employee has the right to be represented by appropriate person at this displinary meeting. The representative can be a colleague, friend or trade union representative. The representative speaks on the behalf of the employee in a meeting. The employer must make a decision and offer the employee the right to appeal against it.
Step 3: If an employee appeals, am employer must invite them to a meeting to arrive at final decision. With the above procedures, the dismissal is classed to be fair to Eric and John.
3.0 Conditions which employees are forced to claim constructive dismissal
According to CIPD 2019, constructive dismissal is a situation where the employee is forced to quit job unwillingly but because of employer’s conduct. An employee resigns due to harsh working condition which leaves employee with no other no choice but to quit. If employees resigns from job because of employers then it could be considered as constructive dismissal. An employee must show an employer has committed a serious breach of contract which forced the employee to take an action.
Amy, a sales Assistant in supermarket has decided to resign from harassment by her boss in front of the queue of customers. This harassment has call her to resign and claim a constructive dismissal. Amy has to follow various steps to show that she has resigned in response to fundamental breach of contract by the employer Vet tori (2011). For her claim to be successful l, she must follow the following steps to claim unfair dismissal:
Step 1: She should produce evidence of the employer’s behavior. She must keep relevant document which will assist her in the case.
Step 2: She should provide dairy of daily event, conversations and timeline of what happened and when. Also, she should keep all relevant conservation.
Step 3: She should provide a representative either a colleague or a customer who witnessed the manager’s harassments.
4.0 Benefits of recognition agreement to employees
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