Do you know what unfair dismissal is
In a labour tribunal argument, the employer must demonstrate that one of the equal grounds under the law under the 1996 Employment Rights Act is the reason for dismissal, or the principal reason if there is more than one.
These are the explanations associated with:
- An employee’s ability or qualification to do the job that he or she does;
- Employee conduct;
- The employee’s job becomes redundant; and
- If continuing work means the employer or employee is in violation of the rule.
You could have a case for wrongful dismissal if the original reason you were fired does not come into either of the above categories. There are however, some other substantial factors justifying dismissal, so it may still be a fair dismissal. The legal term is such a substantial reason as to necessitate dismissal of an employee from remaining in the position currently held by that employee. Also consider the prospect of a Constructive Dismissal Claim.
Unfair termination is an employer’s termination of jobs, with or without notice of termination of employment, provided that:
- The justification for dismissal, according to the statute, is not a fair reason; or,
- One of the valid reasons under the law is the reason for dismissal, but the employer did not behave in a reasonable manner in deciding to fire.
Whatever happens this can be a case fraught with bitter recriminations and arguments so it is a good idea to be clear on what your position is before you embark on a solid legal defence. Initial checking and interviews can mitigate this need.
