Unfair Dismissal News

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Unfair Dismissal and employment termination:

An employer terminating an worker's employment without warning, without going through the procedures and possibly for different reasons to those stated to the employee (unfair reasons) such as found with unfair selection for dismissal can all lead to a tribunal case for unfair dismissal. Termination of employment without going through an agreed company procedure is contrary to the new Acas Discipline and Grievance Code of Practice and will invite a finding by the tribunal of unfair dismissal.

A worker might also have enough of stressful conditions of work, of favouritism in the workplace or of discrimination or even sexual harassment or victimisation. Discrimination victimisation and harassment can come in different forms and if the employee feels he needs to leave his place of work without giving notice then he will often try and claim unfair constructive dismissal.

Although there is no statutory definition of the term unfair dismissal an employment tribunal will refer to the substantial caselaw that has grown up around unfair dismissal from the Employment Appeals Tribunal all the way through the Court of Appeal to the House of Lords.

There are a number of reasons an employer can use to terminate work legally:

Redundancy:- lack of work in the company is a justification for redundancy. It is a valid reason for dismissal but redundancy must meet certain criteria and failure by an employer to follow the correct legal procedure could lead to unfair dismissal or even discrimination claims. For example using LIFO (last in first out)as a selection criteria for redundancy nowadays is putting an employer on potentially dangerous ground as this can be seen as being discriminatory on the grounds of age.

If work available has diminished and there is be no other suitable alternative work available (a company must show it has tried to find alternative employment within the company) or the company closes down redundancy can be justified.

Capability:- if the employee does not to perform his job to a satisfactory standard then he can be dismissed and there are a number or reasons an employer can cite as justification on the grounds of in capability such as lack of skills, lack of knowledge, being generally incompetent or for any other substantive reason.

Gross misconduct or unacceptable behaviour:- many illegal (unlawful) or anti-social acts are covered such as: corruption or using computers to download pornography, or to conduct private business (see your contract - even reading your private emails may become a sackable offence if a clause of your contract covers this)abuse, repeated lateness, theft or drunkenness, proven misuse of sickness absences or even scruffiness in appearance or refusal to wear company dress.

Breaking the law:- An employer must not be breaking the law by employing a worker. When not legally entitled to work such as when a work permit has expired a worker may be legally dismissed.

Any other substantial:- reason is also a basis for legal justification to dismiss an employee, and an employment tribunal will consider each case on its merits.

If you have been dismissed without good reason an Employment Tribunal can order compensation or re-instatement.

Always keep in mind that you have 3 months to make a claim at employment tribunal for unfair dismissal.