Professional Documents
Culture Documents
Course Book 1
Chapter 4
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Introduction
The exit of employees from the organisation requires careful
management because of:
(a) The need for compliance with the legal framework on
employment protection (particularly in regard to dismissal and
redundancy)
(b) The need for sensitivity to the human issues involved (since
the employment relationship, work and competence are so
central to people's sense of their role and value in life)
(c) The need for the organisation to gather feedback from
voluntarily departing employees (resigners or early retirers) in
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order to identify retention
1.3 Resignation
Resignation is the process by which an employee gives notice of
his or her
intention to terminate the employment contract.
Management should attempt to find the real reasons why an
employee is leaving
in an exit interview, which may provide helpful feedback on
its policies and
practices: note, however, that there is no legal requirement for
the employee to
give reasons for leaving.
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Various arrangements Developed
will have
to be made when5 an employee
(b) The period of notice required for the employee to leave should be set
out in the
contract of employment, but some leeway may be negotiated on this, for
example if the
employee wishes to take up another position immediately.
(c) Details of the departure have to be notified to the wages clerk,
pension fund officer,
security officer and so on, so that the appropriate paperwork and other
procedures can be
completed by the date of leaving. The organisation may have a
departure checklist to
ensure that all procedures
are completed.
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(d) The department head should complete a leaving report form: an
2 EMPLOYMENT TRIBUNALS
Employment tribunals are independent judicial bodies which
arbitrate in
employment matters including unfair dismissal, employment
protection and
claims in relation to sexual/racial discrimination and equal pay.
2.1 The composition of tribunals
The composition of an employment tribunal is governed by the
Employment Tribunals Act (ETA) 1996. A tribunal usually has
three members.
A legally-qualified chairperson (solicitor or barrister)
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An employer representative
3.1 Dismissal
Dismissal without notice
In most cases, the statutory and/or contractual minimum notice of
dismissal must be given
to the employee. However, rare circumstances may justify 'summary'
dismissal without
notice. The law protecting employees from unfair dismissal (discussed
below) requires
that summary dismissal be limited to cases of serious breach of contract,
such as:
(a) Gross misconduct by the employee: theft, violence, serious refusal to
obey reasonable
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instruction, endangerment of other staff
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