Everything You Need To Know About Unfair Dismissal
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Receiving a dismissal from a job can often come as a shock. However, despite employers having the right to dismiss their workers, if the process is carried out unfairly, it can often lead to legal challenges.Whether you have been dismissed without a valid reason or your employer has failed to use a fair procedure, then you may be able to claim unfair dismissal.
Unfair dismissal is one of the most common reasons for employment tribunals and occurs when an employer terminates a contract of employment without a legitimate reason to do so.
The Employment Rights Act 1996 states that employees are entitled to a fair reason before being dismissed. If there has been a dismissal, an employer must show that the cause falls into one of the five categories in the act.
Unless the employer can prove one or more of the five reasons for dismissal, the termination will be deemed unfair.
The five categories for fair dismissal include:
While they can appear similar, there are some distinct differences between an unfair and constructive dismissal.
Unlike unfair dismissals, constructive dismissals occur when an employee is forced to resign in response to an employer’s conduct which has made the position unjustifiable. This is also known as a resignation.
If an employee believes their dismissal was unfair and would like to challenge the employer, they can appeal the decision through their employer’s appeal process. Employees can also discuss the issue with their union representative if the employer is a member of a trade union.
If the issue cannot be resolved internally, employees can apply for an employment tribunal. In this case, the employment tribunal will listen to both the claimant and respondent before making a decision.
There is usually a time limit of three months to report the issue. However, this deadline occurs from the date the employment ended. It is also important to note that before any claims are made, the claimant must contact ACAS.
For employees, understanding employment law can be confusing and daunting. However, here at Eatons, we provide easy-to-understand advice and assistance on your employment rights in the workplace.
Our team of employment law experts are available to help you keep on top of the ever-changing legal landscape, including unfair dismissals.