(Solution) CIPD Explain the difference between fair and unfair dismissal (AC3.5)

This identify a process pursued to terminate an employee employment contract for valid reasons including misconduct or lacking capability and an appropriate procedure/steps followed (Worknest, 2017).

The examples include;

Gross Misconduct– In Clean Quarter, for any employee who steal from the organisation store can be dismissed in a fair manner. After an in-depth investigation which allow staff responses as highlighted by ACAS Code of Conduct (ACAS, 2020). Here, the dismissal due to misconduct is fair-based practice.

Long-term bad performance– For Clean Quarter underperforming Sales Team fail to achieve target after two written performance improvement strategy as stipulated to the contract. Considering the employers can justify they offer improvement opportunities and fairness in the process; employment tribunal would identify the dismissal as lacking capability legitimate.

Unfair Dismissal

Unfair dismissal is evident in an event the employees termination is made with zero valid reason including misconduct or not following appropriate dismissal procedure as set by laws and the ACAS (2023) guidelines.

The examples include;

Whistleblowing– There is an instance where employees could be fired after reporting a health and safety issue affecting them. In Clean Quarter, this is albeit the provision in the Public Interest Disclosure Act.

Discrimination– In Clean Quarter, an employee young in age who is pregnant could be dismissed without passing to performance management phases in the contract.

The unfair dismissal entail lack of substantial rationale as stipulated by law such as report issues or due process including performance phases with fair dismissal at all times justified and adhering to the procedure fully.