If you have been sacked from your job, you will probably feel shocked and upset. It can be challenging to know whether you have been unfairly dismissed or if there was a legitimate reason for losing your job. Employers can dismiss their staff, but they must do so fairly. To take any claim for unfair dismissal further, you must be an employee of the company, and in most cases, you should have been employed for two or more years. Although possible, it is much more difficult to claim against your employer if you have been employed for less than two years. These are some things to consider when referring to unfair dismissal.
What is the situation surrounding the unfair dismissal?
It is important to decipher between unfair dismissal and an end of contract or failing to complete probation. Employers have the right to dismiss employees when a contract finishes, or if you are on a temporary contract, they may end it without notice. There is also a notable difference between dismissal and redundancy. It is essential to be aware of this. If the company decides to make your role redundant, there's unfortunately not much you can do as they may not need the role anymore, or it might be for financial reasons. However, if they make you redundant based on this and then replace it with someone else within six months, you could have the right to claim against them.
Types of unfair dismissal
Understanding the types of unfair dismissal is essential. If you have high absenteeism, or you have behaved in a way which would be described as gross misconduct, for example, your employer would have the right to dismiss you. Similarly, if you are just incapable of doing the role, then they would have the right to dismiss you. However, where it becomes unfair dismissal is whether the employer has handled the situation in an appropriate way. For example, if you are underperforming, there should be evidence that they have offered you training to assist you in making improvements. If you are absent every couple of weeks, your employer should have discussed this with you through performance meetings. If you have been affected by a disability that prevents you from undertaking your role adequately, your employer should have put measures in place to assist you.
How to deal with unfair dismissal
If you suspect that you have been unfairly dismissed, it is highly recommended to seek professional advice. An employment lawyer can help you determine if your case qualifies as unfair dismissal. If you are represented by a trade union, it's also advisable to consult with them. You can initiate a claim for unfair dismissal via ACAS.
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