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What is Unfair Dismissal?
Click Here To See If You Have Been Unfairly Dismissed
Whenever somone loses their job, their dismissal must be fair and reasonable,
and if it is not, an employee can take his employer to an industrial tribunal. In all cases
of disimissal, the burden of proof falls on the employer. This means that the employer must
prove that on a balance of probabilities, the dismissal was fair.
Cases where the dismissal is fair include the following:
- The conduct of the employee is improper, and has undermined the trust of the employer
E.g. Breach of contract, criminal offense.
- The employee is not capable of doing the job, or is unqualified for the job
- The employee is prevented from doing the job by legal reasons
- The employee has been made redundant (see redundancy)
When the employer has given his reasons for the dismissal, the tribunal will
decide whether or not it was unfair. Often they will take into account the size of the
company and its resources.
When To Dismiss
When dismissing an employee, an employer must make sure to conduct a proper
investigation of the facts, and the employee should be allowed to give reasons for his
behaviour. The personal circumstances of the employee should also be taken into account.
Wherever possible, alternative disciplinary measures should be attempted, and the employee
should be given fair warning before he is dismissed.
Incompetence
A single act of incompetence is not sufficient for fair dismissal, unless the employee
is an important person, whose incompetence could have endangered life, or has undermined
health and safety.
The incompetence should be brought to the employees attention, and a remedy attempted.
If the employee continues to exhibit incompetent behaviour, this may be a ground for
dismissal on the ground that the employee is incapable of doing the job.
Misconduct
Minor misconduct should be dealt with by a formla warning to the employee, and continued
misconduct may be sufficient for the employee to be dismissed. Serious cases of misconduct
may warrant dismissal on the first offence.
Misconduct can include such things as unprofessional behaviour towards customers, disregard
for company rules, disregard for health and safety, 'stirring up' discontent amongst other
employees and antisocial behaviour.
Criminal Offense
Criminal offenses which involve imprisonment will certainly see dismissal, as the employee
will be unable to fulfil his obligations under his contract. Lesser criminal offenses,
involving such things as dishonesty and theft may also warrant dismissal.
The nature of the offense, and the job also play an important part. For example, a doctor
may be dismissed for drugs abouse, but a for a banker, this would be an unfair dismissal.
Remedies For Unfair Dismissal
Usually, if an employee has been unfairly dismissed, the court will order his
employer to reinstate him. This means that he will be given back his old job, along with
all his privileges, and any pay he has lost.
Compensation for unfair dismissal comes in two parts:
- A basic award is given, calculated on the employees weekly pay, service to the
company and age.
- An additional award may also be given by the court, if they feel it neccesary. This
award must not exeed £51,700, except where the employee was unfairly dismissed
due to racial or sexual discrimination. In these cases, the compensation which may
be awarded is unlimited.
© Luke Culverwell 2001, All Rights Reserved |
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