What is Unfair Dismissal?
After one year of working continuously for an Employer, the majority of Employees are entitled by law, to protection against unfair dismissal. A dismissal is usually regarded as fair if the reason for dismissal is:-
- Capability or qualifications for the job
- Misconduct
- Redundancy
- Legal requirements of the job
- Some other substantial reason
Some dismissals are automatically unfair. An Employee does not need one years service with an Employer to claim unfair dismissal if the dismissal is related to, for example:-
- Pregnancy or maternity
- Union membership or activities
- Health and safety
- Enforcing a statutory right
The above is not an exhaustive list.
A complaint of unfair dismissal must be presented to an Employment Tribunal before the end of three months beginning with the Effective Date of Termination. In order to bring a claim for unfair dismissal, the ex-employee must show:-
- That he was employed by the Employer under a contract of employment
- That he was dismissed;
- In most cases, that he was employed for the necessary qualifying period (see above).
Once the above have been established by the ex-employee, it is for the Employer to show the reason for the dismissal and that the reason for the dismissal was fair
Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.
How can Glovers help?
Glovers Solicitors' Employment Unit provides prompt and practical advice both to Employers and Employees enabling steps to be taken to pursue objectives or protect a position as appropriate.
We continue to advise both Employers and Employees on a wide range of cases and issues relating to the following areas of UK Employment Law:-
- matters to be contained in a contract of employment and the protections that should be incorporated within that contract
- procedures to be followed on the termination of a contract of employment
- direct and indirect sex and race discrimination, disability and other forms of discrimination
- the special requirements that arise in considering redundancies
- the additional considerations that arise when an employee is a shareholder and a director
- the use of compromise agreements
- the pursuit and defence of claims in the Employment Tribunal and Courts including claims for unfair dismissal, constructive dismissal and wrongful dismissal
- the obligations that are placed on Employers when selling or purchasing a business
- changes in UK Employment Laws
For further information please contact: -
