Page 103 - BA1 Integrated Workbook STUDENT 2018

HRM approaches to managing and controlling performance

Dismissal and redundancy

4.1 What is dismissal?

Under UK law, dismissal is described as termination of employment with or without
notice by the employer, or in the case of constructive dismissal, resignation by the
employee because the conduct of the employer was sufficient to be deemed to have
terminated the contract by the employer’s actions. Dismissal without notice is usually
wrongful dismissal, that is breach of the contract of employment; it may or may not
also be unfair dismissal.

Dismissal is normally fair only if:

 a reason related to the employee's conduct.

 a reason related to the employee's capability or qualifications for the job.

 because the role was redundant.

 because a statutory duty or restriction prohibited the employment being
continued.

 some other substantial reason

4.2 What is redundancy?

Redundancy is a dismissal. The grounds of redundancy may be justified on any of
the following grounds:

 cessation of business

 cessation of business in the place where the employee was employed

 cessation of the type of work for which he or she was employed.

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