< Go Back What Counts as Unfair Dismissal? Posted: Jun 29, 2022Being sacked from your job often feels unfair. Your employer is allowed to dismiss employees, but they must follow the rules of employment law. If they do it unfairly you can challenge your dismissal. First, you need to check you have the right to claim unfair dismissal.
- Your rights depend on your employment status, whether you’re an employee or not.
- How long have you worked for your employer? You can usually only challenge if you’ve worked there for more than 2 years.
- Does the law say the reason for your dismissal is fair?
You’ll need to act quickly as you’ve got three months, less a day, from your last day of employment to start taking action for unfair dismissal. If you feel you have grounds to claim your dismissal is unfair you should seek legal advice before presenting your case to an Employment Tribunal. Before making a claim, you will have to be sure that you were dismissed, there are several grounds for this.
Employees sometimes are forced to resign from their jobs against their will because of their employer’s unreasonable conduct, this is known as Constructive Dismissal.
Many law firms can offer specialist advice on employment law and dismissal such as Fosse Law, employment solicitors Leicester .
What counts as unfair dismissal? Your dismissal could be unfair if your employer does not have a good reason for dismissing you and does not follow the company’s formal disciplinary or dismissal process. Read more information on the UK government’s website about Unfair and constructive dismissal . Situations when your dismissal may be unfair include if you:
- Asked for flexible working
- Refused to give up your working time rights - for example, to take rest breaks
- Resigned and gave the correct notice period
- Joined a trade union
- Took part in legal industrial action that lasted 12 weeks or less
- Needed time off for jury service
- Applied for maternity, paternity, and adoption leave
- Were on any maternity, paternity, and adoption leave you’re entitled to
- Asked for a legal right, for instance, to be paid the National Minimum Wage
- Tried to enforce your right to receive Working Tax Credits
- Exposed wrongdoing in the workplace, whistleblowing
- Were forced to retire, known as ‘compulsory retirement’
- Constructive Dismissal could include situations where:
- They do not pay you or suddenly demote you for no reason
- They force you to accept unreasonable changes to how you work
- They let other employees harass or bully you
When making a claim there are certain procedures to follow, you will need to contact ACAS before going to a tribunal. Legal advice from employment lawyers Leicester will guide you through the process and help you cope with the stress of taking your former employer to an Employment Tribunal.
Is it hard to prove? To make a claim for unfair dismissal you have to show you were an employee, not an agency worker or self-employed. In employment, you will have been given a written contract of employment.
Following a dismissal, there should be the reasons for the employer’s action for sacking you. When looking at a claim for unfair dismissal, there are several categories depending on the grounds for the dismissal. In some cases, the dismissal could be ‘Automatically Unfair’, for instance, discrimination or pregnancy.
When it is not a case of Automatic Dismissal, other grounds for a claim could be the employer did not follow the correct procedures before the dismissal. The employer has to show that there was a fair reason for the dismissal, conduct, capability, and redundancy if the position is no longer required.
To anyone with no experience in presenting a case or making a claim, this is a minefield, which is where advice from Fosse law, employment solicitors Leicester is invaluable.
Do you have to have 3 warnings before dismissal?
Typically, an employee will be given one verbal warning and two written warnings before dismissal. Verbal warnings will often be removed from an employee's record after six months and written warnings after 12 months. Failure to do this by the employer could be considered unfair dismissal.
Dismissals without notice or warnings, Summary Dismissal as it is known, is only allowed for serious misconduct. Examples of this are theft and violence against other staff.
Summary Employment law regulates the relationship between employers and employees. It governs what employers can expect from employees, what employers can ask employees to do, and employees' rights at work. When a dispute arises, in this case, a sacking, the employee can take action against his employer. They will need to meet the criteria for a claim and build their case. This is why they need help from employment lawyers Leicester who can provide expert advice. Contact us today to find out more.
