Trafford college.
UNIT 24: Employment Law - Assignment 2
TITLE: Advice on resolving employment and work- based issues.
This report will be providing advice to resolve employment and work-based issues.
Termination of employment:
the phrase termination of employment refers to the end of an employees work with a
company. An employee may be terminated from a job of their own free will or a decision
made by the employer. Employers who implement a termination of employment may do it for
several reasons this could be conduct, poor performance, redundancies, illness. conduct is
the way a person behaves, especially on a particular occasion or in a particular context.
Your ability to perform your duties. failing to meet the company’s standards.
Conduct and capability:
Conduct is about an employee's behaviour at work. Usually, it's a conduct issue if the
employee has control over their actions. For example: calling in sick when they're not
genuinely ill if employed as a chef they have repeatedly not followed food hygiene rules,
even after they have had further training and confirmed they understand the rules they're
absent without permission – some might call this 'unauthorised absence' or 'absent without
leave' (awol) It's important the employer gets as much information as they can and does not
jump to conclusions. For example, if they're not sure whether a medical issue is genuine,
they can ask the employee's doctor for relevant information.
Capability is about an employee's ability to do their job.
Usually, it's a capability issue if the employee has no control over it. For example, if an
employee becomes unable to do their job due to an illness or disability, and adjustments or
support could not help. For a capability issue, the employer should follow: a capability
procedure, if they have one a performance management procedure. To deal with a capability
issue, the employer should follow a procedure that encourages their employee to improve.
This is to give the employee the chance to get better and to stop any further problems
arising. The employer could provide their employee with support, for example making
changes to their work or arranging counselling sessions training to help them do their job
better in some workplaces, this might include a performance management procedure –
check your workplace's policy. If the employee has a disability that's related to the capability
issue, the employer must take reasonable steps to support them. Even if the employee is ill,
they should co-operate as much as they can with any investigation as part of a disciplinary
or capability procedure. If an employer believes that you are not performing your job up to
the required standard they could terminate your employment on the grounds of capability.
This could happen because if they perceive you don’t have the right aptitude or skills needed
for the position.
Examples of conduct cases:
- An employee is found to be stealing from the company.
- An employee is found to be harassing a colleague.
, Trafford college.
UNIT 24: Employment Law - Assignment 2
TITLE: Advice on resolving employment and work- based issues.
- An employee is found to be consistently arriving late to work.
- An employee is found to be using company equipment for personal use.
Examples of capability cases:- An employee is struggling to meet their performance target.
- An employee is constantly making errors in their work.
- An employee is finding it difficult to adapt to change in the workplace.
- An employee is struggling to learn a new skill required in their job.
In each of these cases, the employer would need to act to address the issue. this may
involve providing additional training or support, setting clear performance targets, or taking
disciplinary action. if the employees conduct or capability improve. its important for
employers to follow a clear and consistent process to avoid any potential claims of unfair
dismissal.
Illness:
Dismissing staff due to sickness is dependent on their capability. This requires you to prove
that you’ve dismissed them because of their inability to perform tasks, as opposed to
discriminating against them. You’ll also have to show that you’ve given them fair
opportunities to improve. Before dismissal on grounds of capability due to ill health, you’ll
need to find out the current medical positions. Consider contacting the employee’s GP (with
the employee’s permission, of course), for a report on their illness and their
recommendations in relation to working. employers will need to request "fit note" after
absences. Some factors to consider before dismissal include the: Nature of illness.
Likelihood of reoccurring absences due to ill health. Length of absence. Length of service.
Impact on business. Impact on other employees. Organisation’s sickness policy.
resignation:
Resignation is the process of an employee ending their employment contract. You might
also call it 'resigning', 'quitting your job', or 'handing in your notice' If you're considering
resigning because of a problem at work, remember that you might be able to resolve it in a
different way. You should also consider the effect on your income if you resign. Your income
will be affected by resigning. You should check your employment contract to understand any
changes that could also apply to your final pay. Your final pay might be different to your
usual weekly or monthly pay because of things like how much holiday you've taken. money
deducted for training courses If you resign without having another job to go to, it could affect
your entitlement to benefits or other financial support. the prosses of how to resign is that
Your employer might have a resignation process they want you to follow. Check your
contract to find out. If it's not in your contract, you could ask your manager or HR
department. An employer cannot reject your resignation. However, you should always follow
the right process so that you’re not in breach of your contract. You should talk to your
UNIT 24: Employment Law - Assignment 2
TITLE: Advice on resolving employment and work- based issues.
This report will be providing advice to resolve employment and work-based issues.
Termination of employment:
the phrase termination of employment refers to the end of an employees work with a
company. An employee may be terminated from a job of their own free will or a decision
made by the employer. Employers who implement a termination of employment may do it for
several reasons this could be conduct, poor performance, redundancies, illness. conduct is
the way a person behaves, especially on a particular occasion or in a particular context.
Your ability to perform your duties. failing to meet the company’s standards.
Conduct and capability:
Conduct is about an employee's behaviour at work. Usually, it's a conduct issue if the
employee has control over their actions. For example: calling in sick when they're not
genuinely ill if employed as a chef they have repeatedly not followed food hygiene rules,
even after they have had further training and confirmed they understand the rules they're
absent without permission – some might call this 'unauthorised absence' or 'absent without
leave' (awol) It's important the employer gets as much information as they can and does not
jump to conclusions. For example, if they're not sure whether a medical issue is genuine,
they can ask the employee's doctor for relevant information.
Capability is about an employee's ability to do their job.
Usually, it's a capability issue if the employee has no control over it. For example, if an
employee becomes unable to do their job due to an illness or disability, and adjustments or
support could not help. For a capability issue, the employer should follow: a capability
procedure, if they have one a performance management procedure. To deal with a capability
issue, the employer should follow a procedure that encourages their employee to improve.
This is to give the employee the chance to get better and to stop any further problems
arising. The employer could provide their employee with support, for example making
changes to their work or arranging counselling sessions training to help them do their job
better in some workplaces, this might include a performance management procedure –
check your workplace's policy. If the employee has a disability that's related to the capability
issue, the employer must take reasonable steps to support them. Even if the employee is ill,
they should co-operate as much as they can with any investigation as part of a disciplinary
or capability procedure. If an employer believes that you are not performing your job up to
the required standard they could terminate your employment on the grounds of capability.
This could happen because if they perceive you don’t have the right aptitude or skills needed
for the position.
Examples of conduct cases:
- An employee is found to be stealing from the company.
- An employee is found to be harassing a colleague.
, Trafford college.
UNIT 24: Employment Law - Assignment 2
TITLE: Advice on resolving employment and work- based issues.
- An employee is found to be consistently arriving late to work.
- An employee is found to be using company equipment for personal use.
Examples of capability cases:- An employee is struggling to meet their performance target.
- An employee is constantly making errors in their work.
- An employee is finding it difficult to adapt to change in the workplace.
- An employee is struggling to learn a new skill required in their job.
In each of these cases, the employer would need to act to address the issue. this may
involve providing additional training or support, setting clear performance targets, or taking
disciplinary action. if the employees conduct or capability improve. its important for
employers to follow a clear and consistent process to avoid any potential claims of unfair
dismissal.
Illness:
Dismissing staff due to sickness is dependent on their capability. This requires you to prove
that you’ve dismissed them because of their inability to perform tasks, as opposed to
discriminating against them. You’ll also have to show that you’ve given them fair
opportunities to improve. Before dismissal on grounds of capability due to ill health, you’ll
need to find out the current medical positions. Consider contacting the employee’s GP (with
the employee’s permission, of course), for a report on their illness and their
recommendations in relation to working. employers will need to request "fit note" after
absences. Some factors to consider before dismissal include the: Nature of illness.
Likelihood of reoccurring absences due to ill health. Length of absence. Length of service.
Impact on business. Impact on other employees. Organisation’s sickness policy.
resignation:
Resignation is the process of an employee ending their employment contract. You might
also call it 'resigning', 'quitting your job', or 'handing in your notice' If you're considering
resigning because of a problem at work, remember that you might be able to resolve it in a
different way. You should also consider the effect on your income if you resign. Your income
will be affected by resigning. You should check your employment contract to understand any
changes that could also apply to your final pay. Your final pay might be different to your
usual weekly or monthly pay because of things like how much holiday you've taken. money
deducted for training courses If you resign without having another job to go to, it could affect
your entitlement to benefits or other financial support. the prosses of how to resign is that
Your employer might have a resignation process they want you to follow. Check your
contract to find out. If it's not in your contract, you could ask your manager or HR
department. An employer cannot reject your resignation. However, you should always follow
the right process so that you’re not in breach of your contract. You should talk to your
