Introduction to Unfair Dismissal UK
What is unfair dismissal?
The dismissal of an employee will be unfair where the employer does not have a valid reason which justifies the dismissal of such an employee. The valid reasons provided by the Employment Rights Act 1996 are capability, conduct, redundancy, illegality, and some other substantial reason which justifies the dismissal.
The recent high-profile case of renowned heart surgeon Marjan Jahangiri has highlighted some of the problems that we may face when dealing with legal issues surrounding employment.
Jahangiri was suspended pending a disciplinary investigation after she raised concerns over patient safety. She claims that as a ‘whistle-blower’, she was effectively chased out of her job. The court then ruled that she should be allowed to return to work.
Automatic Unfair Dismissal UK
Under Employment Law, If your employer dismisses you because you asked for time off for things such as maternity/paternity or jury service, raised issues about health and safety at work, protected disclosure, or dismissed for the reason of asserting your legal rights then your dismissal is automatically unfairly.
You could have a claim for constructive dismissal if you felt that you had no choice but to leave your job due to the conduct of your employer.
This can include failing to deal with complaints of bullying and harassment in the workplace or making unreasonable changes to your employment.
What Should I do?
You may have been unfairly dismissed if your employer had no good reason for dismissing you or if they did not follow the correct procedure when doing so. It is always advisable to keep a copy of your employment contract, employees’ handbook, which can offer further instruction on the dismissal procedure. You must file a claim with the Advisory, Conciliation, and Arbitration Service (ACAS) within 3 months of your dismissal.
If you are a member of a union, you can speak to your representative for further advice. You can also seek independent legal advice from a qualified solicitor. The first and most important step is to follow the ACAS guidance and lodge a complaint against the employer within three months of your dismissal. If the matter is not resolved at this stage. The ACAS will issue you with a reference number which is required to apply to the Employment Tribunal. There is no fee payable to the Employment Tribunal.
What are my remedies?
If your claims for unfair dismissal are successful you can ask for Reinstatement, Re-engagement, and compensation including reasonable future losses as well.
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While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legallex does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.