Unfair dismissals in the work place are a horrible thing to deal with no matter who you are. Whether you’ve been sacked or have been forced to quit due to harassment there’s a good chance you may be eligible for compensation. Dealing with such matters can be a daunting experience so it’s always advisable to do your research and find out the details on whether you case is worth pursuing or not. If you’re unsure of your legal standing then it’s always best to seek counsel and get more information on the various employment law services available to you.
What is an Unfair Dismissal?
In general, an unfair dismissal revolves around your employer firing you for no good or adequate reason. It can also relate to cases where your employer has failed to follow the correct procedures when dismissing you (these are set out in your both your contract and within your basic employment rights).
What is a Constructive dismissal?
Constructive dismissals are another type of unfair dismissal but it directly relates to issues where an employee is entitled to terminate their contract without notice on the basis of their employer’s behaviour. In particular, this relates to cases of excessive disciplinary action, harassment or bullying, a change in the job description at short notice or any other instance where there has been a fundamental breach of contract.
Do I qualify for Unfair Dismissal?
In order to qualify to have your case heard in an Employment Tribunal you must meet a number of criteria. You must firstly be an employee with at least one year of continuous employment (holiday, sick leave and maternity leave do not count as a break in employment). Secondly you must be employed within the UK and be 65 or under. Thirdly, you need to have started your claim within three months of being dismissed. Finally and most importantly, you will need to have good reason to believe that your dismissal was unfair in the eyes of the law.
Was Your Dismissal Unfair?
Unfair dismals fall into two categories, automatically unfair and potentially unfair. Automatically unfair dismissals relate to issues such as the dismissal of a pregnant employee based on her situation; unfair selection for redundancy for an inadmissible reason and dismissals that relate to trade union association, activities that come with membership or a refusal to join a union. Potentially fair dismissals are based around issues of capability, conduct, qualification or general redundancy matters. If you fall into this category the onus is on your employer to prove they acted in a reasonable and appropriate manner. The Employment Tribunal will then decide on your case based on a range of reasonable responses that should be expected of any employer.
What are the Fair Reasons for Dismissal?
One of the most common reasons employees are dismissed relates to issues of poor or in-proper conduct in the work place along with their overall capability to carry out the job that is required of them. In most cases, if you have been dismissed in relation to one of the above reasons then your employer must provide you warnings before they are allowed to fire you. If an employee’s role with your company has become redundant then that is also considered to be fair grounds for dismissal. Additionally, if an employee has reached the normal retirement age (set out by Employment Equality Age Regulations 2006) then they are allowed to be dismissed.
Elena Price is a freelance content writer and contributes to a number of websites, including Fiscal Muses