Employment Law

An unfair dismissal is when an employer’s factors for terminating an employee’s employment contract, are distinct from the requirements under the Employment Rights Act 1996. If you feel as although your employer ended your employment unfairly, either because of the reason you had been dismissed, or the process that was employed, then you may have been unfairly dismissed and might be in a position to complain to your Employment Tribunal. An employee can not claim for any sort of unfair or wrongful dismissal without becoming deemed as an employee and have worked continuously for 1 year under the employer they are claiming against.

There are distinct areas of ‘wrong’ dismissals as nicely as unfair dismissal. Wrongful dismissal is when a termination by your employer is in breach of the employee’s contract of employment, such as a dismissal without having notice. Dismissal on the grounds of discrimination is automatically deemed as becoming unfair. Constructive dismissal is where the employee resigns or terminates their contract (without notice) due to some action on the component of the employer which would entitle the employee to terminate without having giving a notice.

Dismissal might be unfair if your employer does not have a excellent sufficient reason for dismissing you, they did not follow the correct method when dismissing you or you had been dismissed for an automatically unfair reason.

If the business you function for is being taken over by one more firm, you may be protected by ‘Transfer of Undertakings’ protections. This means that if you are protected by Transfer of Undertakings, and you are dismissed by either your old or new employer because of the transfer, or a reason connected with it, the dismissal will automatically be unfair and you will be able to make a claim. The only exception is if your employer can show the dismissal was for an economic, technical or organisational reason.

Redundancy is a form of dismissal, and can also be discovered to be unfair. You need to have to be in a position where you had been either selected for redundancy for a justifiable reason, or you voluntarily applied for redundancy.

Retirement is a type of dismissal and for that reason can also be observed as unfair. If your employer cannot show that the reason your retirement was fair then it is potentially classed as an unfair dismissal. Retirement can only be fair if your retirement date is on or soon after your 65th birthday, if 65 or over is your employer’s normal retirement age your employer has given you appropriate notice of your retirement date if you are making a request to function longer than your retirement date your employer ought to have taken into account of this you retire on the intended date. Your employer can’t fairly dismiss you for asking to work past the employer’s typical retirement age.