Whilst UK Law on what does and doesn’t qualify as unfair dismissal can be convoluted and often confusing for the average man or woman, there are various tell tale signs as to whether you’ve been unfairly dismissed or not.
What is unfair dismissal?
Unfair dismissal is where an employer has terminated an employee’s contract of employment without a fair and legal reason as defined by UK Law. Unfair Dismissal applies to employers that have been in continuous employment with their employers for one year or more.
What could count as unfair dismissal?
Your dismissal from your job could be considered unfair if your employer hasn’t done one or more of the following:
Unemployment is no fun and may lead to financial hardship
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Additionally if your dismissal followed on or more of the following events, then you may have been dismissed unfairly if you:
What are the tell tale signs that I’ve been unfairly dismissed?
All of the former points could demonstrate that your employer hasn’t undertaken a fair process when dismissing you. There are however, no standard 'dismissal procedures’ across every industry and official procedures will differ from company to company. The important thing to remember however is that whatever their dismissal process, they must show that it has not only been fair, but reasonably thorough.
Finding new work after unfair dismissal can be challenging
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Real World Examples of unfair dismissal
Real world examples of dismissals which have been proven to be unfair in court are as follows:
What should I do if I think I’ve been unfairly dismissed?
If you think you may have been unfairly dismissed, you should try one or more of the following, as well as seeking legal advice for a professional opinion:
What will happen if it is deemed I have been unfairly dismissed?
Following a successful tribunal case against your former employer you may be awarded loss of earnings compensation, which is based upon your former salary, and would be equal to one year. However this cap does not apply to cases that are based upon the ground of sex, sexual orientation, age or race discrimination.
If you’ve been dismissed and are unsure as to whether it was an unfair dismissal contact specialist solicitors ASAP to discuss your requirements.
What is unfair dismissal?
Unfair dismissal is where an employer has terminated an employee’s contract of employment without a fair and legal reason as defined by UK Law. Unfair Dismissal applies to employers that have been in continuous employment with their employers for one year or more.
What could count as unfair dismissal?
Your dismissal from your job could be considered unfair if your employer hasn’t done one or more of the following:
Followed your company’s official process for dismal, or followed their official disciplinary, procedure if it was for misconduct of any sort,
Refused your request for flexible working, and followed this up with your dismissal,
Did not provide you with the correct 'working time rights' such as lunch periods,
Did not provide you with a suitable reason for your dismissal.
Unemployment is no fun and may lead to financial hardship
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Additionally if your dismissal followed on or more of the following events, then you may have been dismissed unfairly if you:
Joined a trade Union,
Undertook legal action against your employer that lasted no longer than 12 weeks,
Officially applied for maternity, paternity or adoption leave,
Were currently on official maternity, paternity or adoption leave,
Asked for time off in order to attend jury service,
Forced you to retire (also known as 'compulsory retirement’),
Recently exposed unlawful or inappropriate actions of your colleagues or corporation (known as whistle blowing).
What are the tell tale signs that I’ve been unfairly dismissed?
All of the former points could demonstrate that your employer hasn’t undertaken a fair process when dismissing you. There are however, no standard 'dismissal procedures’ across every industry and official procedures will differ from company to company. The important thing to remember however is that whatever their dismissal process, they must show that it has not only been fair, but reasonably thorough.
Finding new work after unfair dismissal can be challenging
Image Source: http://farm4.staticflickr.com/3572/3659401574_5bc02857e6.jpg
Real World Examples of unfair dismissal
Real world examples of dismissals which have been proven to be unfair in court are as follows:
Woman 'A’ who had been made redundant due to a decrease in workload successfully argued that rather than the stated loss of work, it was due to her employers being unable to meet her disability requirements.
Man 'B’ had been dismissed on the ground that his company, an investment bank, had been restricting and his position no longer existed. Through an unfair dismissal case it was proven that in actuality the company had actively been seeking younger staff for his replacement.
What should I do if I think I’ve been unfairly dismissed?
If you think you may have been unfairly dismissed, you should try one or more of the following, as well as seeking legal advice for a professional opinion:
Do some research on the legalities in relation to your dismissal,
Talk with friends or family,
Appeal the dismissal with your employer directly.
What will happen if it is deemed I have been unfairly dismissed?
Following a successful tribunal case against your former employer you may be awarded loss of earnings compensation, which is based upon your former salary, and would be equal to one year. However this cap does not apply to cases that are based upon the ground of sex, sexual orientation, age or race discrimination.
If you’ve been dismissed and are unsure as to whether it was an unfair dismissal contact specialist solicitors ASAP to discuss your requirements.