The largest single category of claims pursued through the Employment Tribunal relate to an Employee alleging that he/she has been unfairly dismissed.
There must have been a “dismissal” which is defined as any one of the following: -
(i) termination of the employment contract by the Employer with or without notice,
(ii) termination of a limited term contract without it being renewed on the same terms,
(iii) the Employee resigning due to the Employer’s conduct known as Constructive Dismissal.
There are five reasons which if shown can potentially make the dismissal fair. They are: -
(i) a reason relating to the capability or qualifications of the Employee for performing work of the kind which he/she was employed by the Employer to do.
(ii) a reason relating to the conduct of the Employee,
(iii) that the Employee was redundant,
(iv) the Employee could not continue to work in the position without contravention (either on the part of the Employee or Employer) of a duty or restriction imposed by or under an enactment.
(v) That the Employee was retired.
(vi) some other substantial reason of a kind such as to justify the dismissal of an Employee holding the position which the Employee held.
Even if one or more of the five reasons can be shown the Employer must still act reasonably in deciding to dismiss for that reason.
Whether the employment relationship is terminated by the Employer or by the Employee resigning any internal procedures which have been agreed should be followed and the Statutory Dismissal and Disciplinary Procedures including Gievance Procedures adhered to.
Failure to do so can lead to compensation being increased or reduced by up to 50%.
Contact Us
|
|
 |
