Employment Dismissal Laws
January 28, 2012 Uncategorized No Comments
Getting fired from your job is one of the most awful things that can professionally happen to you in your working career. It is upsetting and at worst could potentially devastate your finances and family life/family. However, losing your job/position when lawfully you should not have is even bad.
In the United Kingdom/England complex employment laws/rules apply when an employer is allowed to discharge an employee. There is many a time when an employer has used the reasons of release as a smokescreen for firing employees for other basis. Other times employers will discharge employees using a disciplinary procedure which simply is not reasonable. There are even more terror stories about pregnant ladies being dismissed because they are pregnant!
The straightforward fact is that if you have been released from your job you need to be happy that the release was reasonable, for the right reasons and complied in all major respects with the employment laws in England.
An unfair dismissal appears when your employer ceases your contract of employment not in accordance with related UK laws.
There are two most important ways of getting fired:
1. Being actually released
2. Being constructively released
You are actually released when you are given notice that your employment position has come to an end (either through redundancy process or a disciplinary process).
You are constructively redundant if you feel that you are forced to leave your employment as a result of unreasonable behaviour of your employer or unreasonable changes to your employment contract (e.g. being asked to work in offices 150 miles away from your current location). Bullying and threats of harassment in the workplace would also be incorporated as a constructive dismissal. Being constructively dismissed is never allowed.
Once you have been redundant you need to ensure that the dismissal was fair. Simply put for a release to be sensible there must be a precise reason for the employer to dismiss you. There are three most important reasons for discharge and they are either ill health, being made redundant or bad behaviour.
If your dismissal occurred out of any other circumstance then that unemployement would automatically be unreasonable. Below we list some usually examples of dismissal situations which are entirely unlawful:
1. Not following company disciplinary procedure correctly
2. Being dismissed because you are a member of a trade union
3. Being dismissed for being pregnant
4. Being dismissed as a effect of your race
5. Being dismissed as a effect of your sexual orientation
6. Being dismissed whistle blowing on fellow employees or company procedure
Unfair Dismissal Solicitors
If you have been redundant as a effect of a disciplinary procedure then the employer needs to make sure he has done the following/comply with the terms below:
a) set out in writing the reasons for that dismissal in a reasonable time
b) provide you with a reasonable hearing so you can approach any concerns raised against you
c) provide you with a privilege of appeal against any dismissal decision made against you
Again if the employer has not done any of these things the dismissal will be unreasonable. If you consider that unemployement has been unreasonable that concludes you are free to force unfair dismissal claim pursuant to employment law at an Employment Tribunal. Next on you list should be to find a no win no fee employment solicitor.