Unfair dismissal

 

Unfair Dismissal

Unfair dismissal claims firstly depend on you being  employed under a contract of employment. Accordingly, sub-contractors or consultants under contracts for services are not protected.

As an employee you must then acquire the statutory right not to be unfairly dismissed. Automatically unfair dismissals do not require qualifying service. Otherwise from April you have to be employed for over 2 years before you acquire this statutory right.

To bring a claim you must have been dismissed, usually by your contract being terminated by your employer, rather than the other way round unless constructive dismissal can be claimed.

The dismissal is deemed unfair unless your employer can prove the dismissal was fair by showing that at the time of dismissal he dismissed you because of one of the five statutory fair reasons .

  1. capability or qualifications
  2. conduct
  3. redundancy
  4. a statutory requirement
  5. some other substantial reason that justified your dismissal.

Furthermore in taking into account the reason for dismissal, the employer must have acted reasonably. So employers must operate fair procedures – a failure to follow the ACAS Code of Practice on Discipline and Grievance Procedures may be considered unreasonable.

For unfair dismissal advice get in touch with us by e-mailing gary.dickie@btinternet.com or ring us on 01332 518135 .