Dismission Case Study Example | Topics and Well Written Essays - 1000 words

Dismission - Case Study Example It would be proper to ask then what the managing director feels would be "appropriate" in terms of a Director of Health and Safety's commercial awareness. The act of making a decision is a process that is intangible. Being granted the post of Director, Di was legally mandated to make decisions in relation to Health and Safety. The way her mind came up with those decisions are not privy to anyone unless she makes it otherwise. All that can be assumed is that she was making those decisions in performance of the task she was hired to do. It would therefore be safe to assume that unless Di explicitly knew what "appropriate" commercial awareness meant to the company, she was then performing her task as Director of Health & Safety in what she supposed as the appropriate way. * the employer must send a letter to the employee setting out the nature of the conduct, capability or the other circumstances, which have led the employer to contemplate dismissing them or taking disciplinary action. The employer must also include information on the basis of the complaint. * in instances where the employee appeals, the employer must arrange a further meeting held by a more senior manager, where possible. Following the meeting the employer must inform the employee of the final decision." (Duncan 2005) In connection with the m... The employee must be offered the right to appeal. * in instances where the employee appeals, the employer must arrange a further meeting held by a more senior manager, where possible. Following the meeting the employer must inform the employee of the final decision." (Duncan 2005) In connection with the management of grievances and disciplinary issues, the Employment Act 2002 made essential and radical changes to amend relevant sections of the Employment Rights Act 1996. Breach of statutory disciplinary procedures means dismissals that do not follow these procedures will automatically be "unfair". It also provides for an increase of between 10 and 50% in employment tribunal compensation. "The minimum levels of notice which an employer must normally give to an employee are laid down in the Employment Rights Act 1996 and depend on the length of time continuously employed, as follows: * Less than 4 weeks continuous employment - 24 hours' notice * 4 weeks to 2 years continuous employment - 1 week's notice * 2 years to 12 years continuous employment - 1 week's notice for each complete year of continuous employment * more than 12 years continuous employment - 12 week's notice" (Employment Dismissal) Since there is mention of only Di's first week at work and none of when she was sacked, I am assuming the dismissal is less than the minimum required for the employer to give notice. There are exceptions to the 1-year rule and an example of one exception is the relation of Di's job to Health and Safety. From the provisions of the law, Di is justified in claiming that she was entitled to a warning or a notice before dismissal. Although