A victim of Unfair Dismissal has usually been dismissed from employment for no good reason or as a result of an employer failing to follow correct procedures. Both legislation and the employers contract of employment will usually serve to ensure that an employee cannot have their employment terminated without good cause failing which an application, either for re-instatement or for a compensation award can be made to an Employment Tribunal. If you are the victim of unfair dismissal you should see a specialist employment solicitor as soon as possible. Time limits are very tight in these matters and you should see an employment solicitor without delay.
Lawful Termination of Employment
Not all termination of employment is unlawful and an employers is entitled to terminate employment in certain circumstances leaving an employee with no recourse to the Labout Court. An employer can terminate of employment legally and without risk of penalty for the following reasons :-
- Conduct – is wide ranging and covers unlawful, illegal and antisocial behaviour which includes theft, corruption, bribery, abuse, obscenity, violence, absences, lateness, unsuitable appearance and being under the influence of drink or drugs.
- Capability – if an employee cannot or can no longer carry out their work to a satisfactory standard the termination of employment will be lawful. This includes inability to carry out the work because of illness, lack of knowledge or skills, incompetence or any other substantive reason.
- Redundancy – if the job that the employee was doing no longer exists and legal procedures are followed then redundancy may be a lawful termination of employment.
- Illegality – if continued employment of the employee means that the employer is guilty of an offence then employment can be lawfully terminated.
Unlawful Termination of Employment
There are very many situations where termination of employment is unlawful. The circumstances below represent just some of them. If you believe you have had your employment terminated without good cause we may be able to assist you to make a claim in the UK Employment Tribunal. For expert legal advice at no initial cost to you and without further obligation just contact a UK employment solicitor, such as https://www.employment-law-solicitor.co.uk/, for advice on :-
- racial discrimination (defintion at EEOC.gov)
- race harassment
- sexual discrimination
- sexual harassment (details here)
- victimisation
- age discrimination
- disability discrimination
- whistle blower
- trades union membership
- lawful industrial action
- non-adverse medical condition
- refusal to work excessive hours
Sham Redundancy
Some redundancies are a sham in order to terminate employment which may justify legal action by the terminated employee. There are circumstances that exist whereby an employer wishes to dismiss an employee for no good reason (often as a result of some interpersonal situation or altercation including family reasons) however the potential financial penalty that would be imposed for unfair dismissal by the Employment Tribunal is substantially more that statutory redundancy pay. In those circumstances an employer may claim that termination is on the grounds of redundancy in order to pay minimal compensation. If you believe that termination by way of redundancy is just an excuse to get rid of you, and that the job continues after you have gone, there is an urgent need to take qualified legal advice about making an unfair dismissal compensation claim to the Employment Tribunal. Time limits are very tight in these matters and you should see an employment solicitor without delay.