UK Employment Law\ Employer \ Unfair Dismissal
Fair or unfair dismissal
The law gives you no more than a legal right to be treated fairly and reasonably by your employer. If your employer wants to dismiss you fairly, then there must be:
- a valid reason and;
- proof that their reason is sufficient for dismissing you.
(The second condition does not apply when the dismissal is unquestionably unfair).
Your employer needs to establish a fair reason for your dismissal, otherwise you would be able to take him/her to a tribunal and win compensation. This could end up very costly. He/she will need to examine whether it falls into one of five areas covered by legislation:
- your conduct – have you breached the terms of your contract by gross misconduct? Has a disciplinary procedure been carried out? Have you committed a criminal offence?
- Is your performance unsatisfactory or has it become apparent that you do not have the right qualifications for the job? You may also be deemed incapable on grounds of your health.
- Has your position become redundant (your employer does not have sufficient work for you to do)?
- Would it be illegal for you to continue working (ie: you lost your driving licence and you are a delivery driver)?
- Was your position temporary or are there any health reasons to dismiss you?
Unfair Dismissal
Your dismissal would be unfair for one of the following reasons:
- being a member of a trade union, or refusing to become a member;
- becoming pregnant;
- taking adoption leave;
- asking for flexible working;
- asserting statutory protection rights;
- taking action over health and safety;
- dismissal because of the transfer of an undertaking;
- refusing to work on a Sunday in certain professions;
- for performing a role as an employee representative;
- for performing a role linked to an occupational pension scheme trustee;
- because of the National Minimum Wage;
- because of an issue linked to Working Time Regulations;
- because of a disclosure within the meaning of the Public Interest Disclosure Act 1998;
- for reasons related to tax credits;
- for seeking time off to look after dependants;
- for taking lawfully organised industrial action lasting 8 weeks or less;
- for action as part of trade union procedures;
- for asking to be accompanied to a disciplinary;
- for reasons related to a role as a workforce representative;
- for reasons related to part time working or fixed time working;
- if the proper dismissal and disciplinary procedures were not followed;
- if reasons related to the European Public Limited-liability Company Regulations 2004;
- if the proper legal consultation rules were not followed;
- for reasons relating to taking jury service leave.
Fair procedure followed?
Your employer must act reasonably in all circumstances in dismissing you. He or she must:
- give you good warnings to give you a chance to improve;
- or consider you for alternative work within the organisation;
- follow correct disciplinary procedures;
- under the Employment Rights Act 1996, you may ask for a written explanation of why you have been dismissed.
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