unfair dismissal

What Makes a Dismissal Unfair?

Being dismissed is never pleasant. It can be stressful and come as quite a shock. However, not all dismissals are at the fault of the employer, and it is essential to know the difference between being personally being at fault and when not. A dismissal would be fair if:

  • The employee had questionable competency;
  • The employee’s behaviour in the workplace was inappropriate;
  • Their role became economically unavailable; or
  • The employee develops a restriction that prohibits them from carrying out their daily tasks.

Another vital element to a termination being fair is the manner in which it is executed. The employer is obligated to act reasonably and just in the way they present the dismissal.  If this is done so in breach of the contract of employment, for example in the case of an immediate dismissal where the employer is supposed to give notice, that situation is considered wrongful dismissal.

Instances in which termination of employment is unjust is unfair dismissal. This is when a dismissal is a result of an employee exercising their statutory rights.

Some examples include terminations as a result of:

  • Family matters, including pregnancy, paternity and maternity leave;
  • Issues regarding minimum pay or unlawful deductions;
  • Issues related to long working hours or not receiving the minimum level of paid holiday; or
  • The unfair treatment of part-time staff.

Generally speaking, an employee must have worked for a company for two years for unfair dismissal to apply. There are a few exceptions to the rule. For example, should an employee become pregnant at any time, being fired as a result is instantly unfair dismissal; regardless of service length.

Employment law can be arduous and complicated to understand. Our solicitors will always get straight to the heart of the matter and provide professional, practical and down to earth legal advice. We are very client focused and offer a personal approach when dealing with your concerns. Knowing your rights and whether you have been treated fairly needn’t be a challenge. If you are unsure of whether your dismissal was just or not, we can help you. Please get in touch today for a free initial consultation by calling us on 0800 002 9577 or through our contact page by clicking here.