Reasons for Unfair Dismissal - there are a number of ways that your dismissal could be unfair. The main reasons include:-
There is no fair reason for dismissing you (i.e. you were performing the job well); Your employer failed to follow the correct dismissal procedure (every employer must issue a dismissal procedure or follow the ACAS Code of Practice); Your dismissal is classed as automatically unfair (for instance, taking time off that you are entitled to for maternity leave). Automatic Unfair Dismissal. There are several reasons that if provided for the reason of your dismissal amount to an automatically unfair dismissal entitling you to compensation.
These include:
Dismissal for exercising statutory employment rights; Dismissal before, during or after business transfers; Dismissal for pregnancy or maternity reasons Some of these are worth looking into in more detail.
Dismissal For Exercising Statutory Employment Rights. You are provided with various statutory employment rights. These do not have to be separately written into your contract, you are entitled to them simply by way of being employed. They cover a wide variety of aspects of your employment and include:
A written statement of your employment terms; An itemised pay slip; Maternity and paternity leave; Time off for anti-natal care; Time off for parental leave; Minimum notice period; Not to be discriminated against on the grounds of gender, race, disability, sexual orientation, age, religion or belief; Time off for public duties such as jury service Whistle blowing (i.e. letting someone know when your employer is breaking the law); Remedies For Unfair Dismissal. The first stage is to make a complaint to your employer about the dismissal. If you are unable to resolve the issue, it might be referred to ACAS (the Advisory Conciliation and Arbitration Service) who may be able to assist with the problem. If you subsequently issue unfair dismissal proceedings, then ACAS will become involved (it is part of the process).
If you make a complaint a meeting will normally be arranged to discuss the complaint. You are entitled to take someone with you to this meeting and you should take notes of the meeting also.
Unfair Dismissal Claim To The Employment Tribunal For Compensation. If you are unable to resolve your complaint with your employer you can make a claim to the Employment Tribunal. This must be made within three months of your dismissal.
Outcomes Of An Unfair Dismissal Compensation Claim. One the Employment Tribunal has heard your case, they can either decide to award compensation to you, or order that you should be given your job back (this might be hard to achieve in practice).
Conclusion. If you believe you are the victim of an unfair dismissal you should seek specialist advice before deciding whether to make a claim to the Employment Tribunal for compensation. Once you are aware of all your options you can then make an informed decision as to the action you would like to take.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
