Employment Practice

Key points §   It is unlawful for an employer to discriminate against a disabled person by dismissing him (or her), or subjecting him to any other detriment (section 4(2)(d), Disability Discrimination Act 1995). §   It would be a foolhardy employer indeed who would dismiss a disabled employee (or select him or her for redundancy ahead of other more suitable candidates) because of that employee's disability, and for no other reason. If the purported reason for the dismissal had to do with the employee's conduct, capabilities, attendance record, lack of qualifications, or 'some other substantial reason of a kind such as to justify the dismissal, it will be for the employer to satisfy an employment tribunal that he had acted reasonably and fairly in all the circumstances. In other words, an employer's decision to dismiss a disabled employee is likely to be more closely scrutinised for evidence of unlawful discrimination than would be his decision to dismiss an able-bodied ...

Key points §   Employee and workforce representatives appear in a variety of situations involving negotiations or consultations with employers. Thus, an employer is legally bound to consult appropriate representatives when planning 20 or more redundancies or when proposing the sale or transfer of his (or her) business (or part of the business) or the purchase of another business (and is liable to heavy penalties for failing to do so). §   The term 'appropriate representatives', in the context of collective redundancies and business transfers, means trade union appointed representatives or, where there is no trade union representation, employees elected by their peers to represent their interests. If there are no elected employee representatives, the employer must allow sufficient time, and provide appropriate facilities, for the election of those employees who have put their names forward as candidates (per sections 188 and 188A of the Trade Union & Labour Relations (Conso...

Key points §   An employee who is a trustee of a relevant occupational pension scheme relating to his (or her) employment has the legal right to perform his duties as such a trustee without fear of being dismissed. Furthermore, he is entitled to a reasonable amount of paid time off work (during normal working hours) to enable him to carry out those duties and, if need be, to undergo training relevant to the performance of those duties (sections 58, 59 and 102, Employment Rights Act 1996). Note  The expression 'relevant occupational pension scheme' means an occupational pension scheme established under a trust by the employee's employer, as defined in section 1 of the Pension Schemes Act 1993. Complaint to an employment tribunal §   If an employer dismisses an employee (or selects him (or her) for redundancy) for performing (or proposing to perform) his duties as a pension fund trustee, the dismissal will be regarded as unfair. The trustee may presen...

Key points §   It is inadmissible and automatically unfair for an employer to recruit or 'designate' an employee either as a safety officer or 'competent person' and then to dismiss or select that same employee for redundancy for carrying out (or proposing to carry out) his (or her) legitimate duties or functions (section 100, Employment Rights Act 1996). Note  Regulation 7 of the Management of Health & Safety at Work Regulations 1999 requires an employer to 'appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions' (that is to say, under the Health & Safety at Work etc Act 1974 and statutes and regulations made under or saved by that Act). §   The same rule applies if an employee is dismissed or selected for redundancy: a.      for performing (or proposing to perf...

Key points §   Section 98 of the Employment Rights Act 1996 allows that there will be occasions when it may be fair to dismiss an employee for reasons other than those relating to his (or her) capability, qualifications, conduct, redundancy, or the illegality of continued employment. §   However, whether a dismissal for 'some other substantial reason' was fair or unfair will depend on whether, in the circumstances (including the size and administrative resources of his business), the employer had acted reasonably or unreasonably in treating that reason as a legitimate reason for dismissing the employee in question ( ibid. section 98(l)(b)). Business reorganisation §   For example, an employer may need to restructure or reorganise his (or her) business in the interests of efficiency, profitability or survival. This could involve a change in working methods and related manpower arrangements. At such a time, the employer would ordinarily discuss his problems and his proposa...