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)

A common factor in the employment relationship which is equally captured in the psychological contracts structuring is the termination of the employment status/relationship. It is unavoidable to have the employee termination. The termination is normally occasioned by an employee retiring or resigning from their assigned roles. In sone instances, dismissal could be evidenced by the employers dismissal factors identified as being fair or unfair dismissal.

According to CIPD (2017), unfair dismissal is unique from the wrongful dismissal as a concept that is obtained from the concept of the contract law. For instance, Employment Rights Act 1996 offers a provision that is holistic detailing on the occurrence of the unfair dismissal. This is as opposed to fair dismissal which can be occasioned by failure to meet the expected organisation objectives, discipline cases or generally going contrary to the contract of employment. For a dismissal process to be fair, the employee needs to be consulted in detail prior being dismissed. In an event they do not pass any complaint against the process, there is a requirement of leaving the organisation when they are terminated within the provided notification timeline.

As opposed to fair dismissal, unfair dismissal is occasioned by provision of a dismissal notice same day they are required to exit such an organisation. Unfair dismissal does not have any prior warnings or evaluating the distinct factors that are in place in an employment relationship. As informed by the guidance in the ACAS (2020) criteria, unfair dismissal reasons could involve;

Being pregnant or undergoing maternal leave
Parental/paternity or leave for adoption
Enrolment to a trade union either in membership or representative role
Passing a request on a legal right such as asking for a National Minimum Wage
Working on a jury service
Inclusion in whistleblowing practices
Assumption of the activities or proposing distinct actions due to health and safety problems

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

3.2 Importance of the Exit Interviews to Employees and Employers

As identified in CIPD (2020), the exit interviews are offered to the employees at the time of their leaving an organisation. This is due to either voluntary resignation or fair dismissal. Exit interviews is comprised of a series of questions which are inclusive of reasons for resigning, the employees perceptions to their organisation and areas to be considered for improvement. For the employer, the importance of conducting the exit interviews are;

They are used in assisting an employer in understanding on the validation of employee intention of leaving. The importance of this is assisting the employers in putting in place relevant measures for mitigating any potential future occurrence of the dismissal. The turnover percentages are also an indicator of the sustainable nature of such an organisation
Exit interviews are………………………………………………………………………………………………………………………………………….…Please click the Paypal icon below to purchase full solution for only $10