BGP; Potentially fair reason for dismissal
You have probably listed offences such as theft poor attendance, assault, fraud, being under the influence of drugs or alcohol, sexual harassment or racial harassment or perhaps a serious breach of a safety rule. All examples of misconduct or of gross misconduct, although poor attendance if it is due to ill-health, may be an example of lack of capability to performance the work.
There are four other potentially valid reasons for dismissal besides misconduct and lack of capability in each of these covers a wide range of situations for a dismissal to be fair BGC must first be able to prove it was for one of these reasons:
- Conduct
- Capability
- A statutory requirement
- Some other substantial reason
The conduct is the most common reason for dismissal and result in the most claims of unfair dismissal at employment tribunals. Both serious acts of misconduct such as gross misconduct and more minor but frequently repeated acts of misconduct result in dismissals that fall into the BGC category.
The need to act reasonably in BGC
Do you think that is an employee is guilty, for example of misconduct or proves incapable of doing the job, this means that if the employer dismisses them it will automatically be fair?
In BGC is important for an worldwide workplace, have a fair disciplinary procedure modelled on the BGC code of practice on disciplinary and grievance procedures . it is important in an BGC is considering dismissing someone, that it not only potentially fair grounds for dismissing them , but grounds for dismissing them but it also acts fairly in the way that it carries out this dismissal.
Our organisation needs to have a fair in each operations, a procedure for handling dismissals and should have followed its own procedure in fair way.
The BGC must have complied with their own disciplinary and grievance procedures. This is what we mean by the condition that the dismissal also to be actually fair. An employer of BGC should strive to be fair but may still face a claim for unfair dismissal as dismissed employees may have a different perception of whether their treatment was fair
Employment tribunals in each Country, examine dismissal cases from two point of view. One is whether employers have acted reasonably in treating the grounds as sufficient reason to justify dismissal. The other is that they must satisfy the tribunal that they acted reasonably in the dismissal procedure. If an employee brings a claim for unfair dismissal the tribunal have to make a judgement about what happened after considering evidence from both parties; consequently it is important for employers of BGC to follow their own procedure and have clear records and documentary evidence.
Our disciplinary procedure
This will be set out in writing in each Operations and needs to fulfil the criteria already discussed as essential features of a disciplinary procedures of a disciplinary procedure of BGC. The most import áreas to be included in the procedure relate to the ways in which disciplinary issues should be handled and recorded and you will have seen in the discussions of the previous exercises that informal in London chats were one of the first procedures that the manager should consider. The types of action that could be used are listed below and will be discussed next.
- Informal actions
- Formal actions
- Inform the worker of the result
- The appeals procedure
- The nature of gross misconduct
- Records
Disciplinary hearing in BGC is a right of all employees
The actual disciplinary hearing is similar in may ways to the interview. The manager who is conducting the hearing will need to prepare thoroughly have the relevant information to hand and arrange for a quiet room with no disturbances and with an appropriate layout in which to hold the hearing. The disciplinary hearing should be conducted in a systematic and fair way in order to ensure that all the relevant information is considered. The manager chairing is should explain clearly the purpose who is present and why they are there and the sequence.
Although there are many similarities between disciplinary hearings and interviews and one would expect them to be conducted in similar way there are some specific legal definitions that apply to disciplinary hearings in each countries.
It is important to consider these as there is a legal right to workers to be accompanied at a disciplinary hearing and this is not something that would normally apply at most other hearings.
Disciplinary hearings in BGC are defined as all meetings were either disciplinary action or some other action could be taken against a worker. This includes any meeting that might result in actions such as a warning final written warning suspensión without pay demotion or dismissal being taken against the worker. It also applies to meetings to confirm warnings or other disciplinary action and to appeal hearing even if they are held after the worker has left the employment concerned.