Question:
Written Assignment C (AC 3.1, 3.2, 3.3) 1100 words
This assignment concerns the same water park scenario as 3MER Written Assignments A and B. The last season brought about some significant problems relating to the permanent employees. The employer is concerned that the issues were not addressed correctly. Advise the employer about the following (1000 words)
- One employee was dismissed for being rude to customers. The employer is concerned that the dismissal might have been unfair. What are the differences between fair and unfair dismissal? (AC 3.1) (table of 5 diff, why it’s important to follow)
- During the season 5 of the permanent employees resigned. Why might it have been useful to carry out exit interviews with these employees? (AC 3.2) (why is exit interview important)
- Finally, the employer has a question for the future. The water park has been struggling financially. If it were to make up to 10 employees redundant what process should it follow? (AC 3.3) (what is redundancy, process, key stages to follow)
ADDITIONAL REQUIREMENTS
- Also, write a description of the learning process you went through in order to write this assignment: what you knew about dismissal, redundancy and exit interviews before you attended module 2; what you learnt during the module; and what you learnt in preparing this assignment. (100 words)
- You should also include 3-5 references from up-to-date and relevant sources in order to support your findings. Please ensure that all reference sources are acknowledged correctly within the text and on a reference list provided.
Solution/Answer:
Introduction (100 words)
Dismissal is a term adopted in describing the termination of the employment. There are different types of dismissal and as such different processes and procedures that an employer would require to go through prior carrying out a dismissal. Prior to the dismissal phase, it is a prerogative of the employers to strictly follow their disciplinary policies and demonstrate that they have reasonably tried all other methods in solving the underlying issue prior resorting to dismissal. The process involved in dismissing the employees ought to be the last resort and employers should carry out essential investigations without unreasonably delaying the establishment of the underlying facts (ACAS, 2018).
One employee was dismissed for being rude to customers. The employer is concerned that the dismissal might have been unfair. What are the differences between fair and unfair dismissal? (AC 3.1) (300 words)
The differences between the fair and unfair dismissal are as shown in the table below;
| Fair Dismissal | Unfair Dismissal |
| A reason that is related to the conduct of the employee | Pregnancy including all the reasons that relate to maternity |
| A reason related to an employee’s capability or qualifications for the job | Family reasons inclusive of the parental leave (birth and adoption), adoption leave or time off for dependents |
| As a result of redundancy | Pay and working hours inclusive of the working time regulations, annual leave and the National Minimum Wage |
| Due to statutory duty or restriction prohibited of the employment being continued | Part-time and fixed-term employees |
| Some other substantial reason of a kind justifying dismissal such as lack of a capacity of an employee to implement their roles | Trade union membership grounds and recognition of the union |
An existing relationship between the employer and the employee can end after retirement or a unilateral decision of staff to resign. Nevertheless, an employee-employer relationship can be terminated after a dismissal which can both be unfair or fair. The relevance of fair dismissal to the relationship is informed by establishment of a universal consensus on issues surrounding the dismissal. Prior to the implementation of the unfair dismissal…………………………………………………………………………………………………………………………………………..Please contact our team to receive guidance and support on this assessment in full based on your experience, your company background and level of expectations
Email adress: rankedtutorials@gmail.com