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If you have worked for
a year or more for your employer, you are entitled by law to protection against
unfair dismissal.
Your employer must be
able to show that there was a good reason for your dismissal and that he or she
acted reasonably. Examples of unfair and fair
dismissal are:
Unfair or fair
dismissal? Some dismissals are
automatically unfair. You do not need one year's service with your
employer to claim if you were dismissed because of:
1. Pregnancy
2. Sex or race
discrimination
3. Equal pay
4. Union membership or
activities
5. Health and safety
6. Enforcing a
statutory right
A dismissal is usually
regarded as fair if it is to do with:
1. Capability or
qualifications for the job
2. Misconduct
3. Redundancy
4. Legal requirements
of the job
5. Some other
substantial reason
Even if your employer can show your dismissal fell under one
of these categories it is still open to you to argue that the dismissal was
unfair if, for example, your employer had failed to follow certain procedural
steps. It is also possible to argue that the dismissal is unfair if your
employer's decision to dismiss was unreasonable in some way.
You will have been
unfairly dismissed after 12 months service if the employer has dismissed you without using a fair
procedure or for an unfair reason e.g. claiming you were guilty of gross
misconduct when there was no evidence to support such a finding. Unfair
dismissal is one of the most common types of claim that come before an
employment tribunal. It is always best to
contact
us if you believe your employer has been unreasonable in the decision to
dismiss or the procedures leading up to it.
Constructive dismissal.
This is a branch of unfair dismissal and applies where you have resigned as a
result of the employer's fundamental breach of contract. This can be something
such as a unilateral reduction in wages but a fundamental breach of contract can
also occur due to the employer's conduct. This is known as a breach of the
implied duty of mutual trust and confidence and can potentially apply to a wide
range of situations. It is always important to seek
legal
advice before resigning to ensure you have a good chance of succeeding in a
constructive dismissal claim.
Some examples of claims that can be made whilst in
employment are: Failure to allow 20 days paid holiday
per year. Exceeding the maximum working week of 48 hours. Sex discrimination.
Race discrimination. Disability discrimination. Part-timer discrimination. Time
off to care for dependants. Protection whilst on maternity leave. Whistleblowing.
Unauthorised deduction of wages. Refusal of parental leave. The right to be
accompanied at disciplinary and grievance hearings by a colleague of your choice
or a trade union representative. Written contract of employment. National
minimum wage.
Be careful - time limits! The
majority of claims that can be made to the Employment Tribunal are the subject
of strict time limits. In the majority of cases this is 3 months from the date
of dismissal/act of discrimination, etc. Only in very exceptional circumstances
will a Tribunal accept an application after this time. It is therefore very
important to act promptly.
What you receive will depend on a number of factors, not
least the type of claim you make. In most unfair
dismissal claims for example you would receive a basic award, the amount of
which will depend on your age, earnings and length of service. This can be up to
£7,500. In addition you can claim for what is known as the compensatory award.
This can include: Lost earnings after you lose your job. Employee benefits such
as health insurance, staff discounts etc. Expenses involved in finding new work.
Loss of contribution towards your pension. The maximum compensatory award you
could receive is £52,600 although both this figure and the basic award figure
are index-linked so will rise each year.
You will be expected to do all you can to limit your loss so a
record must be kept of all the attempts made to obtain a new job. It is always
best to seek specialist advice on this.
In sex, race and disability discrimination cases you can also
make a claim for injury to feelings which is meant to compensate you for the
distress and hurt the discrimination has caused you. At present there is no
limit on such awards
Whilst unfair
dismissal claims are the most common, other claims include disability
discrimination, race discrimination, sex discrimination, redundancy and breach
of contract. We have consultants that can deal with
all of these areas, and make things clear and easy to understand for you.
We
often work on a no win, no
fee basis. This means that if you loose your case and win nothing, you won't
owe us anything! If you feel you have a case against
an employer, you require consultation on, you can
supply us with your details directly, via our website.
Enter a basic description of your claim, and we'll select the best-suited
consultant to handle your case.
Click here
Otherwise
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