Unfair Dismissal - A Guide for Employees

bannerjones solicitors Unfair Dismissal Guide For Employees The general rule is that if you have been employed with two years continuous service (one years service if the employment commenced before April 2012) and are sacked without your employer providing a fair reason you have the right to claim unfair dismissal. In this guide we highlight what constitutes as unfair dismissal and provide useful information for employees who are looking to make an unfair dismissal claim to an Employment Tribunal. Employment rights The Employment Rights Act sets out 5 potentially the employee may be entitled to reinstatement, fair reasons that an employer may use to lawfully redeployment and sometimes compensation. In dismiss an employer within the workplace. However addition an employer may also be liable for a if an employer was to use one or more of these redundancy payment and notice pay. The potentially reasons it does not automatically mean that the fair reasons for dismissal and what any employee dismissal is fair and you may still be able to make a must consider when relying on one of those claim to an Employment Tribunal. A dismissal is reasons listed below. rarely concluded depending on the circumstances as Сapability Poor performance: If your performance has dropped to a level that is lower than what is expected of you this could be a reason for dismissal. Were you offered any additional training or support from your employer so that you could improve your performance? Were you offered a job that demanded less allowing you to prove that you are capable and suited to the job role. Were you given any warning previously by your employer? Are the same standard and expectations applied to other employees within the workplace? Poor health: Do you have a disability within the definition of the equality act? If so, did your employer make any adjustments to your job or within the workplace itself to accommodate your disability and allow you to do your job? Did your employer find another role which you would be more suited to? Did your employer offer you ill health retirement (this generally applies to individuals that are seriously ill and are unable to carry out their job on a permanent basis). Are there any other jobs within the workplace that you are capable of doing? Conduct Gross misconduct is not a very precise term and intemally as genuine gross misconduct is taken very therefore is often misused by employers who often seriously and entitles an employer to dismiss the abuse it. Employment Tribunals find that gross misconduct is a term used by an employer in an employee immediately without notice and without going through the process of giving warnings first. As an employee you should check your contract to attempt to justify summary dismissal. If your employer has dismissed you due to misconduct your see what constitutes as misconduct. Are these rules employer must have a genuine belief that that you applied fairly and to all employees within the are guilty. Usually a full investigation is carried out workplace? Are there any mitigating circumstances? Below we have listed some examples of gross misconduct: • Theft • Serious bullying • Sexual harassment • Physical violence • Fraud • Deliberate damage to any property Redundancy When employers make decisions on redundancy You should check the selection criteria that has been they should keep in mind that a position is made used by employees and compare this to colleagues redundant, not the person. Employers must carry that have kept their job. If you are on maternity leave out a fair and unbiased redundancy process. As an special protection is given when the employee you should have been offered any redundancy process is carried out. alternative positions if they were available. illegality This is where illegality prevents you from doing If this is the case your employer should discuss any your job. A working example of this would be a lorry driver who has lost his/her driving licence and other job roles and opportunities that you may be suited for other than dismissal, however if you are to therefore is legally unable to carry out their job. blame and there are no alternative roles available this is likely be classed as a fair dismissal. Some other substantial reason This category is fairly vague and seeks to catch any If you have been dismissed on the grounds of some other reasons which allows employers to fairly other substantial reason we would advise you to dismiss an employee. The employer must follow a seek legal advice. A specialist employment solicitor procedure that is fair and unbiased and the would be able to offer advice on your Employment Tribunal claim and discuss your options. Employment Tribunal must agree that the reasoning behind the dismissal was substantial based on the circumstances of the case. Automatically unfair dismissals There are circumstances where if your dismissal was related to any of the reasons below you should have a strong case to make to an Employment Tribunal. • Pregnancy and the birth of a child Health and Safety reasons Victimisation • Being summoned for jury service and therefore are absent from work Acting as a trade union representative • Discrimination Seeking flexible working hours If you are contemplating an employment tribunal proceeding we would highly recommend and believe you should seek expert unfair dismissal advice. It is essential to be guided through the correct procedural steps before making an unfair dismissal claim to an employment tribunal. 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