(Solution) CIPD Level 5 5HR01 AnchorBridge Iman dismiss Jim and/or Tola for misconduct (AC 3.1)

(Solution) CIPD Level 5 5HR01 AnchorBridge Iman dismiss Jim and/or Tola for misconduct (AC 3.1)

Solution

Overview of the ERA 1996

In UK, the Employment Rights Act (ERA 1996) is used in governing the best practice in employment relations (ACAS, 2024). This is by stipulating the employees’ rights possessed in phenomenon of dismissal, unfairly dismissed, parental leave and times of redundancy. Iman could dismiss Jim and/or Tola for misconduct With the guidance of Advisory Conciliation and Arbitration Service (ACAS), guidance is offered in these areas to guide areas of deduction in remuneration/rewards, health and safety (HS&E) and timeline to issue notices (Mutebi & Hobbs, 2022). Hence, Jim and/or Tola must demonstrate they are capable and avoid any form of misconduct hence unfair dismissal when they are dismissed. However, validating these reasons lead to the situation being regarded as fair dismissal when Iman dismiss Jim and/or Tola for misconduct.

Principles of Unfair Dismissal

  • In line with ACAS Code of Practice (ACAS, 2024), in line with Employment Rights Act 1996, the fair reason for Iman could dismiss Jim and/or Tola for misconduct include;
    • Misconduct
    • Capability
    • Redundancy
    • A legal reason (failure to legally conduct themselves; a nurse without a licence)
    • Other substantial reason
Principles of Unfair Dismissal
Principles of Unfair Dismissal
  • Employee basically need to have been engaged in working for more than 2 years (during and post 6th April 2012)- qualifying period
  • The settlement agreements entail a contentious issues including the non-disclosure agreements (NDAs) (Khan et al., 2022)
  • Unfairly dismissed employees have an opportunity of passing their claim to the employment tribunal for action
  • A dismissal process is completed after an employer has completed the contract of employment both fair and unfair with legal obligation of fulfilment when wishing in fair dismissal conclusion (ACAS, 2024)

Capability

Capability is defined by Adejugbe (2021) as the capacity for employees pursuing their roles effectively in terms of their health and wellbeing, skills and competencies. In line with ERA 1996, the fair reasons for Iman could dismiss Jim and/or Tola for misconductdue to capability include;

 

  • Performance challenges– Employers are supposed to note on performance concerns and facilitate sufficient support including capacity development and mentorship for employee’s improvement
  • Health Issues– When health is found impacting capability, there would be a need for getting medical support and exploring reasonableness in line with Equality Act 2010 for avoiding disability discrimination (CIPD, 2024).

Process followed;

  1. Effective communication and support offered– the employees are supposed to be guided on the performance challenges and provided an opportunity for addressing them
  2. Sufficient time for improvement– Employees are given sufficient time for their improvement. This is with a continuous review enhanced to identify their improvement
  3. Evidence and documentation– The entire activities such as plan to improve, and outcomes need adequate documentation for evidencing a fair-based practice

Misconduct Process

Misconduct is identified in Taylor (2023) as inappropriateness or unacceptability of behaviours having breached policies in working area. In line with ERA 1996, the fair reasons for dismissal of employees due to misconduct include;

  • Ordinary Misconduct– This entail small challenges including being late to work or working unprofessionally. A warning is issued prior dismissing Jim and Tola.
  • Gross Misconduct– Major offence of the employees including stealing, being violent or fraudulent activities can attract dismissal fully with no adequate notice but demanding appropriate evaluation (ACAS, 2024).

Process Followed;

  • Investigating and giving evidence– Jim and Tola are required to adequately embrace fairness and detailed investigation prior progress to disciplinary process.
  • Disciplinary hearings provided– Employees need to leverage on right of representation, facilitation and supported in line with ACAS Guidelines
  • Proportionality– There is a need to issue sanction matching severity of misconduct and available records of Jim and Tola in regard to their conduct put into accoun

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Related to:https://rankedprofessionals.com/downloads/solution-cipd-level-5-5hr01-thirdparty-interventions-appropriate-for-anchorbridge-managing-the-conflict-between-jim-and-tola-ac-2-3/