Dismissals and Employment Tribunal Claims
When most people speak of being dismissed they are generally referring to a situation in which an employee is “given the sack”. However, a dismissal can happen in any number of ways. For example being selected for redundancy would amount to a dismissal as would a situation where an employee resigns owing to the way in which they have been treated or spoken to by their employer. Those circumstances when an employee feels that they have no choice other than to leave are known as a constructive dismissal.
Employees who have been employed continuously for one year or more, or those whose dismissal is related to certain protected grounds, are protected from being unfairly dismissed.
It is not necessarily unlawful for an employer to dismiss an employee, but even if the employer has a potentially fair reason for that dismissal, they are still required to follow certain procedures beforehand. Unfortunately, all too often, employers disregard these procedural requirements.
There are, of course, also situations where an employer simply behaves unlawfully and dismisses an employee for no good reason, or for a reason which relates to discrimination.
You may be able to bring a claim against your former employer for unfair dismissal if:
- you have been dismissed for alleged misconduct;
- you have been dismissed on the basis of supposedly poor performance;
- you have been summarily dismissed, without warning;
- you have been forced to resign;
- you have been unfairly selected for redundancy;
- you have been employed by the same employer on a series of fixed term contracts for more than a year but have been dismissed or not had your contract renewed;
- you have been forced to retire without receiving the correct notification, or you have not had your right to request to continue working considered fairly.
An individual’s employment can be terminated on notice (where the employee is told that their employment will come to an end at a particular date at the end of the notice period) or with immediate effect (also known as “summary dismissal”). Summary dismissal normally occurs when an employer believes that an employee’s behaviour is so unacceptable that it amounts to gross misconduct.
As a general rule employees are entitled to their notice, and an employer who fails to give sufficient notice may face a claim. (If you would like to discuss the above please email us, or go back to our other contact details.