Unfair Dismissal
When you’re dismissed from your job, it can be a very unpleasant and stressful experience. But when you believe you’ve been unfairly dismissed, that can feel even worse. However, you may be able to claim for unfair dismissal compensation. So read on…
First things first…
To be able to make a claim for unfair dismissal, you normally must:
- Have been employed for two years or more
- Be making your claim within 3 months of the effective date of the termination of your employment
It is important, therefore, to act quickly! Get advice so you can submit a claim for unfair dismissal in time.
So… what reasons constitute fair dismissal?
As long as you meet the above criteria, in order to defend their decision your employer will need to show they dismissed you for one of the following reasons (you can click each one to find out more information):
- Your capability (and/or lack of qualifications)
- Your conduct
- Redundancy
- That it would be illegal for you to continue in your job
- Some other substantial reason
Let’s have a look at each reason for fair dismissal in a little more detail.
Your Capability
If your employer is claiming that you did not do your job correctly, they will need to have done the following:
Ensured that they followed the correct procedure throughout.
Ensured that they have given you the opportunity to improve your performance. This could either be through training or the opportunity to gain further qualifications, for example.
If your employer has dismissed you because of ill health, they will need to have done the following:
Ensured that they have followed the correct procedure throughout.
Ensured that your ill health does not constitute a disability under the Equality Act 2010; or
If it did constitute a disability, ensured that all reasonable adjustments were considered.
Ensured that they have considered alternative work options for you.
If your employer is not able to show that they have met the appropriate requirements summarised above, you may be able to submit a claim for unfair dismissal. Call us for a free initial telephone consultation to understand more – 01604 700099.
Your Conduct
Dismissal on the basis of misconduct can result from a wide range of things, for example dishonesty, fighting, drug or alcohol use, theft, plus many more. Even for a one off incident it can be considered fair if the incident amounted to gross misconduct. But otherwise, it will be the result of a series of repeated incidents where warnings have been given. Whatever the reason is, however, for the dismissal to be fair your employer must:
- Have followed a fair procedure that is applied fairly across the whole workforce, issuing warnings etc. when appropriate
- Have a genuine belief in your guilt
- Have carried out a reasonable investigation to come to the conclusion that you are guilty
- Be able to show that the decision to dismiss you is an appropriate response, when taking your conduct and all the circumstances into account
This can be a very confusing time for people. So if you think you have been unfairly dismissed on the basis of your conduct, we do offer a free initial telephone consultation. Contact us now on 0800 304 7254.
Redundancy
Redundancy is a very common reason for dismissal, but this doesn’t necessarily make it any less pleasant or stressful.
Redundancy occurs when the employer no longer needs an employee to fulfil the role they are currently fulfilling. It can arise for many reasons, including an office move, a decrease in workload, or some other change in the way the business operates. Regardless of the reason, however, the whole redundancy process still needs to be fair and unbiased.
If you feel that there is still work available, but that you’ve not been given the opportunity to apply for it, then the process may not be deemed to have been fair. If others doing similar work have been retained whilst you’ve been made redundant, then the selection criteria needs to have been fairly assessed, and you may find you have a claim for unfair dismissal if it wasn’t. If an unacceptable reason was cited by your employer for your redundancy – obvious examples being that it was because you are/were pregnant, or are/were on maternity leave – then special rules may apply.
If you have any doubts about the fairness of your redundancy dismissal, then you should take advice. Contact us now on 01604 700099 for your free initial telephone consultation.
If it’s illegal for you to continue in your role
This is best explained through an example. If, for example, you are a lorry driver and have lost your licence, you will no longer be able to continue carrying out your job. This may well be a fair reason for your employer to dismiss you. However, they still need to have considered and discussed alternative roles with you before taking the decision to dismiss you.
If you have any doubts, then you should take advice. So contact us now for a free initial telephone consultation on 01604 700099 to find out more.
Some other substantial reason
If this reason seems a bit vague when you read it, it’s because it’s meant to be a bit of a catch all. There are times, for example, when a change to an employee’s employment terms is fundamentally required to protect the business. If the employee is not prepared to accept this change, and if the employer can show that this is a fair reason to dismiss you and is substantial enough, then they will have acted fairly. If they can’t, then you may be able to submit a claim for unfair dismissal compensation.
This can be a complex area, so take advice as soon as possible. Call us on 01604 700099 for your free initial telephone consultation.
I just don’t know…
The key, in all these instances, is that if you are concerned that you have not been treated fairly and believe you meet the criteria set out at the beginning of this page (click here) then you should take advice.
We offer a free initial telephone consultation – so contact us now on 0800 304 7254.
Are there any other ways my dismissal could be deemed unfair?
Yes. Even if your employer can show that you were dismissed for one of the above fair reasons, they MUST still be able to show that:
- They followed a reasonable procedure
- That the procedure was fair
- That the reason given actually justified dismissal as a response, and did not warrant a lesser sanction such as a warning
What if I don’t meet the employment criteria for a claim?
There are instances when, even if you’ve not been employed for two years or more, you can make a claim for unfair dismissal. For example, if you believe that your dismissal was due to any of the following reasons then contact us as soon as possible, for such claims may be deemed automatically unfair:
- Pregnancy, childbirth or family leave
- Health and safety
- Acting as a representative in specific situations
- Whistleblowing
- Taking part in protected industrial action
What should I do now?
There are, of course, many other examples and reasons that may not seem clear cut. If you have been dismissed, the best thing is to take advice as soon as possible. We offer a free initial telephone consultation, so contact us now on 0800 304 7254.
