LAWLINCS : Work Law - Unfair dismissal

If a worker is sacked, that dismissal will almost always be potentially unfair if the worker has
been employed in the job for at least 1 year. Does that sound a little unfair on the poor employer
who has been trying to convince the drunken reprobate that turning up one hour late every day is
simply not good enough?

He will have to prove that he sacked him for one of five(ish) potentially fair reasons:-

Selina Gill

Conduct

Capability

Redundancy

Illegality

Some other substantial reason

And there's more. Even if he proves one of the above, he then has to prove that he acted
reasonably in the conduct of the case. This is why the employer must make sure his procedure
is right, before sacking someone. There are many like the drunken reprobate who may have
been saved by their boss' lack of attention to detail in noting down their misdemeanors and
issuing proper warnings.

On 6th April 2009 there was a repeal of the Statutory Grievance and Disciplinary
Procedures and a new ACAS code was issued. There is no longer a mandatory
requirement for employers to follow mandatory steps in the grievance and disciplinary
procedures.

The new ACAS code will be taken into account at Employment Tribunals and failure to
follow it by an Employer or Employee will be taken into consideration when making a
decision. Employment Tribunals will now be able to adjust any awards made in relevant
cases by up to 25% for unreasonable failure to comply with the ACAS code.

What makes it even worse is that the drunken reprobate may be entitled to a payment equivalent
to a redundancy payment AND compensation of up to £66,200.00 (as of 1st February 2009).