A Simple Guide to Unfair Dismissal - By: Tim Bishop

All employees have the right not to suffer unfair dismissal, but if they have been unfairly dismissed, to make a claim against their employer they must have been employed by them for at least one year. The employee must then confirm that they have been dismissed. Once this has been established, the employer must prove that the dismissal is for one of the following five reasons:

1. Redundancy

 Redundancy can occur when you cease or intend to cease carring on your business or work of a particular kind, at your employees place of work; or if the needs of the business for a certain kind of work have ended or decreased. In order to ensure a redundancy dismissal of an employee is fair, you must adopt a objective selection process. If you don't, the employee might have a case for an unfair dismissal claim, and might also be able to claim an increase on any compensation award.

2. Illegality 

It may be the case that an employee has committed or been accused of committing a criminal offence either in or outside of work. This could be a situation where dismissal of the worker is reasonable. For example, a worker may require a driving licence to carry out their work, so if they lose their licence, it can be reasonable to dismiss them.

3. Capability 

It may be fair to dismiss an employee who is deemed not to be capable for the job either through incompetence or sickness. for example, this may be because they lack the right qualifications or if they are absent from work for long periods of time due to illness.  If you are planning to make a dismissal for capability reasons, make sure that you confirm the correct procedure for doing so so that the employee does not have grounds for an unfair dismissal claim.

4. Conduct

 Continued rule flouting, theft or fraud are frequent reasons for conduct based dismissals.  As an employer, it is key that the dismissal is handled through a full, objective process - failing to do so could have the consequence of the employee succeeding in an unfair dismissal claim and possibly being awarded increased compensation.

5. Some other key reason

There may be another potentially fair reason for dismissal. The onus is on an employer to establish that a particular reason, not falling within the four reasons above, constitutes 'some other substantial reason' which justifies dismissing an employee holding the position held.

Even if the employer is able to prove successfully that the dismissal was for one of the fair reasons above, an Employment Tribunal must still believe that the dismissal was carried out according to procedure.

Employers should be mindful of correct procedures for dismissals - statistics show a large percentage of unfair dismissal claims are lost by employers for not observing correct procedures.

Costs may be awarded against either party in an Employment Tribunal but there is quite rare - it is better to assume each party will cover their own costs in an unfair dismissalclaim.

Employment law is complex. It is important that procedure is followed carefully, so both employees and their employers should make sure that they consult experienced employment solicitors in a dismissal situation.

About the Author

Bonallack & Bishop are specialist employment solicitors with particular experience of unfair dismissal. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 12 years and has plans for continued expansion.

Article Directory Source: http://www.articlerich.com/profile/Tim-Bishop/62652

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