What you need to know about unfair dismissal

The loss of a job can be a very worrying and stressful time. As well as the potential upset and disappointment of losing one’s job, there are also financial implications.

In many cases, the loss of a job may be fair and just, but in other cases it may be that you lost your job unfairly and if this is the case, you have the right to make a claim for unfair dismissal.

Unfair dismissal is notoriously difficult to prove and as such, it is highly recommended that you seek legal counsel before attempting to bring a matter to a tribunal. At Marlow Braide, our solicitors are highly qualified and skilled in employment law and can offer you the advice and assistance you need.

Fair dismissal

In order to prove that you were unfairly dismissed, it’s important to understand what the normal and fair circumstances for employment termination are:

• Capability – where an employee was either not truthful about his qualifications or experience, or is simply not capable of doing the job in question.

• Conduct – this might include any misdemeanour such as theft, abusive behaviour, persistent illness or tardiness, or any other behaviour which falls against the employer’s code of conduct.

• Redundancy – if this is the case, the employer must have a policy and follow it, as well as the legal aspects of redundancy.

• Breaking the law – if the employee has broken either criminal or civil law, they may be deemed to have committed gross misconduct or brought the name of the employer into disrepute.

• Any other reason – deliberately wide so as to protect employers, this could include failure to work with a certain client or customer, or refusal to work with a particular member of staff.

Proper dismissal

In order to terminate any employment, an employer must also follow the procedure correctly. With the exception of gross misconduct, they must take you through a disciplinary process.

Should they fail to do so, or should the reason for your dismissal not fall into the categories above, there may be a case for unfair dismissal.

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