130077
| Question | Answer |
| 4 criteria | 1. dismissal 2. qualify for right 3. not have fair reason 4. unfair in the circumstances |
| Dismissed | s.93 - express, constructive dismissal, non renewal of fixed term |
| Basic position (5) | 1. employee 2. dismissed 3. qualifying period 2 years 4. bring claim within 3 months of EDT 5. not in excluded categories |
| Pre 6 April 2012 | Qualifying period - 1 year |
| once eligibility and dismissal satisfied, employer must... | 1. reasons for dismissal 2. acceptable or potentially fair in circumstances |
| Capability | 1. ee's ability to do the job i.e. skills/aptitude. - qualifications - ill health - incompetence |
| conduct | - the e'ees behaviour - can be improved |
| Incompetence | e'yer must show e'ee KNEW WHAT WAS EXPECTED & FELL BELOW THE STANDARD |
| ILL HEALTH | " in the circumstances, can e'yer be expected to wait any longer?" |
| redundancy consultation period | -20 employees - indiv consultation 45 days +20 employees - indiv and collective consultation 45 days |
| plan | identify the necessity - any other ways of reducing costs? - would staff agree to work reduced? voluntary? sabbatical? |
| selection criteria | scores - objective assessment |
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