What is Unfair Dismissal and What Can You Do If You Believe You Are Unfairly Dismissed?
Unfair dismissal is a self explanatory employment law claim. For a dismissal to be unfair you must be able to show that:
- There is a dismissal
- The dismissal is unfair and
- Your employer does to follow a fair procedure when dismissing you
It is worth looking at each of these in more detail.
Dismissal
Your employer advises you that you are no longer required to work for him, or sacks you because one of your colleagues complains that you are not very good at your job. If he takes this action without investigating the merit of the complaint or without explaining the reason why you are no longer required then the dismissal is unfair.
The Dismissal is Unfair
A dismissal is unfair if there is no valid reason for it, so what is a valid or fair reason? A good reason for a dismissal can include:
- Misconduct such as a poor attendance record
- You are incapable of performing your job for instance due to long term sickness absence
- Redundancy eg due to closure of business or a department within the business
- Another substantial reason, for instance refusing to accept a necessary and reasonable change to your contract of employment
The Dismissal Procedure is Unfair
An employer must follow certain procedures so that even if the reasons for dismissal are fair, a failure to follow these procedures can make the over dismissal unfair.
The procedure should include:
- Your employer advising you that they are commencing a procedure which may result in your dismissal
- You are invited to a meeting to explain your actions or to learn the reasons for your dismissal
- You are given an opportunity to appeal
If your employer does not follow at least this minimum procedure it is likely that your dismissal will be seen as unfair and this can lead to an increase in your award of at least 50% in compensation.
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