Workplace Dismissals Reading Answers

Workplace dismissals

There is a process to be followed while dismissing an employee. Situations like misconduct or poor performance should be addressed through some preliminary steps first. 

Initially, you should receive an improvement note. The note should explain the issue, suggest any changes if necessary and offer some help in rectifying the issue. After this, if your employer doesn't feel that your performance has improved, you should be given an official written warning. The last step is called the final written warning which informs the employee that they will be dismissed if they continue with the poor performance.  If there is no improvement, then the employer can start the procedure for dismissal.

The procedure starts with a letter or mail from the employer stating the charges made against the employee. The employee will be asked to attend a meeting to talk about these charges. If the employee does not agree to the charges, they will be asked to appear at a formal appeal hearing with a different manager. Only after this will a decision be made as to whether the employee will be dismissed or not.

There are many types of employee dismissals. A fair dismissal is the best kind, if an employer wants an employee out of the workplace. It is legally and contractually strong and it means all the procedures have been followed correctly. In case, an employee involved in serious misconduct, the employer does not have to follow all these procedures. If the employer proves that the employee was involved in an illegal, dangerous or wrong act, the employee can be instantly dismissed. This is called summary dismissal.

All dismissals may not take place fairly. Wrongful dismissals are a breach of contract by the employer. Example, dismissing an employee with no prior notice or without following any of the disciplinary or dismissal procedures. Another type is unfair dismissal. It is when an employee is dismissed without a proper reason. 

Another kind of dismissal is constructive dismissal, where the employee is not actually openly fired by the employer. The employer forces the employee to resign by changing the original contract. This may affect them like, the employee might have to work during nights while the original contract is signed for morning shifts. Sometimes the employee might also be forced to work in dangerous conditions.

Questions 1 - 5

Look at the following descriptions (Questions 1-5) and a list of terms below.

Match each description with the correct term.

Write the correct number A-E in boxes Questions 1-5 on your answer sheet.

NB: You may use any letter more than once.

A list of terms

1. Fair dismissal
2. Summary dismissal
3. Unfair dismissal
4. Wrongful dismissal
5. Constructive dismissal

1. An employee is asked to leave work straight away because he has done something really bad. 

2. An employee is pressured to leave his job unless he accepts conditions that are very different from those agreed to in the beginning. 

3. An employer gets rid of an employee without keeping to conditions in the contract. 

4. The reason for an employee's dismissal is not considered good enough. 

5. The reasons for an employee's dismissal are acceptable by law and the terms of the employment contract.

1.B Summary dismissal

Explanation: If the employer proves that the employee was involved in an illegal, dangerous or wrong act, the employee can be instantly dismissed. This is called summary dismissal.

2.E Constructive dismissal

Explanation: Another kind of dismissal is constructive dismissal, where the employee is not actually openly fired by the employer. 

3.D Wrongful dismissals

Explanation: Wrongful dismissals are a breach of contract by the employer. Example, dismissing an employee with no prior notice or without following any of the disciplinary or dismissal procedures. 

4.C unfair dismissal

Explanation: Another type is unfair dismissal. It is when an employee is dismissed without a proper reason. 

5.A fair dismissal

Explanation: A fair dismissal is the best kind, if an employer wants an employee out of the workplace. It is legally and contractually strong and it means all the procedures have been followed correctly.