Losing your job can be a very stressful experience, especially if you believe you have not been treated fairly.
Understanding on what grounds your employer can or cannot fairly dismiss you can be tricky, especially when your employer’s behaviour becomes threatening.
Our expert employment solicitors can help you make understand if your dismissal was unfair and help you take legal action against your employer.
On what grounds can I be reasonably dismissed?
Employers should only terminate your contract of employment for a fair reason.
The following are potentially fair reasons for your employer to dismiss you, specified in the Employment Rights Act 1996:
- You lacked capability or qualification (e.g., performance or fitness to work).
- The dismissal was a result of your conduct.
- There was a genuine redundancy.
- Some other substantial reason (i.e. a business reason that is sufficiently substantial to justify the dismissal).
Your employer should follow a reasonable procedure during the dismissal process.
This means that your employer should:
- Conduct the necessary investigations in a timely manner to establish the facts.
- Use a consistent and fair procedure when dismissing an employee.
- Follow their grievances and disciplinary procedures in an effort to avoid dismissal wherever possible.
- Ensure that clear rules and procedures surrounding dismissals are readily available to all managers and employees.
- Make sure that these rules and procedures are understood by all members of their workforce.
If your employer has followed a reasonable procedure and identified fair grounds for your dismissal, then you will not be able to claim compensation.
When are dismissals considered unfair?
In broad terms, a dismissal will be classed as unfair if the employer has not been able to establish a potentially fair reason for the dismissal or the tribunal is of the view that the employer did not act reasonably in carrying out the dismissal.
Every employee who has the qualifying period of continuous service of two years has the right not to be subject to an unfair dismissal.
A dismissal is classed as automatically unfair (regardless of the length of service of the employee) if an employee is dismissed for certain specified reasons, including:
- Discriminatory reasons (for example, because of their sex, age, disability, race, religion or sexual orientation).
- Pregnancy – This includes all reasons relating to maternity.
- Family reasons – This includes when an employee has exercised their rights to parental leave, paternity leave (birth and adoption) or adoption leave.
- The employee’s membership of a trade union and/or trade union activities.
- Health and safety reasons.
If your employer has dismissed you for one of the above reasons, or you have been in continuous service for two years and your employer has not followed a reasonable procedure or provided a fair reason for dismissal, then you may be able to take legal action against your employer and seek compensation.
At Palmers Solicitors, our experienced employment lawyers can provide expert assistance at every stage, including issuing your claim, preparing your case and negotiating with the other side.
If you think you have been unfairly dismissed, it is important to seek professional advice as soon as possible. Get in touch with our employment law team today.