On Monday, September 17, 2007 9:46 PM [GMT+1=CET], Trevor Burridge <[EMAIL PROTECTED]> wrote:
> Mike Stevens said "Especially as it's illegal to make somebody > redundant for being an idiot" > > Isn't it called CAPABILITY or was he just a big gardener? Speaking from memory, I believe there are four reasons for dismissal which can be legally regarded in appropriate cricumstances as fair : misconduct, incompetence, incapability and redundancy. But they are four different reasons and if you dismiss somebody for one of them but pretend it's for another, that is automatically legally unfair and you can be sued for it. Redundancy occurs when an employer needs to reduce the size of its work force (or a section thereof) because it has no more need (or reduced need) for work of a certain category. There is a whole body of case-law and ACAS guidelines as to what methods of selection of individuals for redundancy are legally fair. Misconduct, incompetence and incapability are not among them because if an employer believes than an employee exhibits any of these failings, then it should proceed against them by the routes appropriate to those factors. Mike Stevens narrowboat Felis Catus III web-site www.mike-stevens.co.uk No man is an island. So is Man.
