UK Employment Law\ Employer & Employee\ Employment Tribunals
Employment tribunals
An employment tribunal is not held like a Crown Court, but in a very informal manner. This allows you to represent yourself, should you wish to do so. However, it is a good idea for you to consult with a solicitor to improve your chances of success in a case, or to get a sense of how likely you are to win.
A tribunal will concentrate on whether the dismissal complained of was for a fair reason, and was the dismissal dealt with fairly. Thus, there is an onus on your employer to not only make sure the reasons of dismissal are valid, but to also make sure how it was handled were fair too.
A tribunal will examine the reasons for dismissal. The list below catalogues fair reasons for dismissal.
1. Capability
- Do you have the necessary qualifications?
- Were you displaying repeated incompetence?
- Was there a very serious individual incident and were warnings given?
- Did your employer consider alternative work for you if you were classed as ‘long-term ill’?
2. Conduct
Were you guilty of poor conduct because one of the following occurred persistently, and warnings were given?
- Theft.
- Corruption
- Taking bribes.
- Drunk at work.
- Dishonesty – no absolute proof is needed, but strong evidence is needed.
- Taking drugs at work.
- Being abusive
- Leaking confidential information.
- Lateness.
- Going away without notifying employer
- Unsuitable or poor appearance
- Hacking into computer files
- Stealing passwords.
- Regular absence
- Unsuitable conduct during office hours.
- Unsuitable conduct outside working hours that has an affect on the employee’s role.
- Speaking out of turn and telling your boss what you think of them.
The tribunal will also consider:
- Was the conduct examined thoroughly?
- Did you actually commit the offence ?
3. Redundancy.
The procedure for redundancy selection must be fair and transparent. Your employer must not make a selection if it falls within the Unfair Dismissal Exceptions list.
4. Breaking the Law
An employer can dismiss you if you broke the law (eg: invalid or expired work permit).
5. Any Other Reason
There are many other reasons why you can be validly dismissed. This can often come down to changing industry situations and conditions. One good example is for an employee who has been offered training to work with computers and where computer systems are being installed, but the worker refuses to operate them.
