List 8 ‘protected characteristics’ within the Equality Act 2010.
Age
Race
Disability
Sex
Sexual orientation
Religion
Gender reassignment
Pregnancy & maternity
Positive discrimination
List the steps in the process which the ACAS Code of Practice sets out as accepted practice when disciplinary action is deemed necessary.
- Establish the facts of each case.
- Inform the employee of the problem.
- The meeting.
- Decide on appropriate action.
- Opportunity to appeal.
List the 3 objectives of disciplinary action.
- Rehabilitation.
- Deterrence.
- Retribution.
Explain the difference between breach of contract awards and discriminations case awards.
- Breach of contract awards are capped at £25,000.
- If brought through an employment tribunal.
- Larger claims can be made through the civil courts.
- Discrimination case awards are unlimited.
- In addition to loss of earnings, claimants can claim damages for injury to feelings.
What actions should have been taken before disciplinary actions is taken?
- The employee should have ben made aware of the areas which they are underperforming.
- Full support must be identified and offered.
- The employee must be given reasonable chance to improve.
What are 4 types of management intervention where underperformance takes place?
- Motivational.
- Training.
- Behavioural.
- CPD.
What are the types of misconduct?
- Minor misconduct.
- Serious misconduct.
- Gross misconduct.
What are examples of unfair dismissal circumstances.
- Age
-Sex - Pregnancy
- Union membership
- Refusing to carry out dangerous work
- Refusing to give up holiday entitlement
What are types of discrimination?
- Direct discrimination
- Indirect discrimination
- Discrimination by association
- Perception discrimination
- Harassment
- Harassment by a third party
- Victimisation
The Equality and Human Rights Commission (EHRC) act as….
- a catalyst for change
- an information provider
- an influencer
- an evaluator
- an enforcer
State three examples of what might constitute unsatisfactory employee performance.
Three from the following:
* Repeated numbers of complaints (above company standards).
* Fee income consistently below expected levels.
* Continuously inadequate completion of file documentation.
* Continuously restricted range of advice provided, contrary to the firm’s policy.
* Ongoing inadequate skills or conduct.
List three courses of action a manager should follow when managing unsatisfactory performance.
- Make the employee aware of the areas in which they are under performing, thestandards expected from them and the consequences for not improving performance.
- Full support must be identified and offered to address the performance issues.
- The employee must be given a reasonable chance to improve their performance.
Misconduct is usually defined in terms of minor, serious and gross misconduct. Briefly explain why acts are categorised like this.
offence determines the sanction.
It is, therefore, possible to differentiate between different examples of misconduct from relatively minor to examples which would result in instant dismissal.
List four examples of behaviour that is likely to be treated as gross misconduct.
- violence;
- deliberate damage;
- fraud or dishonesty such as falsification; and
- theft.
An employee with 24 years’ service has been made redundant. State the minimum period of notice they are legally entitled to.
A maximum of twelve weeks.
Explain the key features of a firm’s disciplinary procedures, in line with ACAS guidance.
- Formal, written procedures
- Clear to whom they apply
- Available to all employees to whom they apply
- Specify which disciplinary actions can be taken and what level of management
- Raise and deal with issues promptly
- Deal with issues consistently
- Ensure that employee is told of the complaint
- Give an employee an opportunity to put their cases
- Give the right of representation by colleague/union
- Communicate the decision.
- Ensure no disciplinary action is taken without a full investigation
- Ensure no dismissal for a single incident unless gross misconduct
- Provide right of appeal
