Are You A Victim Of Unfair Dismissal?

by emmadigirank on June 29, 2012

Unfair dismissal is the term used when an employee has their employment terminated without having been given a fair reason for the dismissal.

Employers are given the right to dismiss employees if they breech company policy, steal or are not performing well for example, however employers cannot simply dismiss  an employee without a valid reason.

The experience of being dismissed unfairly or leaving because of a dispute is always an unpleasant experience. If this has happened to you, you may be able to take legal action against your employer and receive compensation.

The most common unfair dismissal claims are:

  • Maternity/paternity/adoption leave
  • Long-term sickness
  • Unfair selection of redundancy
  • Discrimination on the basis of age, gender, race, religion or sexual orientation
  • Grievance hearings
  • Before, during or after business transfers
  • Trade union involvement
  • Misconduct

Unfair dismissal is categorised into different sectors. Below are the sectors:

Gross misconduct

Gross misconduct describes a relationship that has been completely undermined by the employee or employer.  Examples will normally be given in the disciplinary procedure but are likely to involve issues as serious as theft or fighting. In this case an employer may dismiss an employee without giving notice. However, if a proper investigation and correct procedure is not carried out before a decision to dismiss is taken, then the dismissal may be regarded as unfair.

Dismissal

Employers who terminate a contract with giving any notice is what is known as ‘dismissal.’ Employers should always give notice in writing. In some cases employees feel forced to re-design because of their  employer’s unfair behaviour.

Constructive dismissal

Constructive dismissal is what decribes an employee who has to resign in response to a breech of confidence and trust. In some cases, the actions of an employer may undermine the relationship between employer and employee, forcing the employee to resign.

Qualifying employment and exceptions to the twelve-month rule

There are conditions to consider when  claiming for any unfair dismissal case.

First of all, it is vital that you are  an employee rather than self-employed. Another vital qualifying condition is to have one year’s continuous service at the time the employment is terminated. There are important exceptions to the one-year qualifying period such as if the dismissal is related to a woman’s pregnancy or if it is for a health and safety related reason.

What Should You Do If Your Employee Claims Unfair Dismissal?

If you feel you are a victim of unfair dismissal, contact Employment Law Solicitors for professional and friendly advice.

  • Interesting and informative article. In the USA, we have very limited employment laws, except perhaps in California. Generally, unless you are fired because of your age, race, sex, national origin , religion or disability, you are going to have very limited legal rights, if any. And, there is no legal requirement for severance pay.

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