Unfair dismissal
What is unfair dismissal?
Unfair dismissal is when an employer did not have a fair reason to dismiss an employee or when they did have a fair reason but dealt with the issue in an unfair manner.
To be dismissed, your employer must have a good reason for doing so. These reasons can be placed under 3 categories. Firstly, there is your conduct (you’ve continually been late / not turned up for work or you’ve demonstrated poor discipline. Secondly, there is your capability (you can’t do your job properly or you can’t work / get along with your colleagues.) Finally, the other “fair” reason for dismissal is as a result of redundancy.
If I am claiming unfair dismissal, what could I expect should the company be found to be in the wrong?
If you’ve won a claim again unfair dismissal, you can expect to receive either compensation, reinstatement into your previous job, or maybe even a new job within the Company; however, from these, compensation is the most likely. Basic compensation awards work out as:
Below 22: half a week’s gross basic pay for each year of service with the company.
Between 22-41: one week’s gross basic pay for each year.
Over 41: one and a half weeks’ gross basic pay for each year.
To claim against unfair dismissal, you would need to have worked at least 1 year continuously and be below normal retirement age for the position. It doesn’t matter if you’re part time or full time.
Common examples of unfair dismissal:
Dismissal relating to maternity / paternity leave.
Dismissal for taking time off work for parental leave.
Dismissal for requesting flexible working conditions.
If I’ve been dismissed, how much notice should the company give me?
This varies, but as a general rule, they must give you the minimum stated in your contract. The only time this rule doesn’t apply is when you’re being dismissed as a result of gross misconduct – such as theft or violence.
When dismissing an employee, a company must prove that they have followed proper procedure and also prove that have made their employee aware of all company rules and regulations.
Is there anyone who can’t complain of unfair dismissal?
Yes, if you’re not classed as an “employee”, (contractors / freelance professionals, etc.), the chances are, you wouldn’t be able to complain.
What is ‘constructive’ dismissal?
This is when you’ve been forced into resigning from your job as a result of intimidation / abusive behaviour. This can often be difficult to prove, therefore, ensure you gather as much evidence of this before making a complaint.
What’s the difference between ‘unfair’ dismissal and ‘wrongful’ dismissal?
If you’ve been dismissed from your job without sufficient notice, this would be classed as wrongful dismissal. The actual conditions surrounding wrongful dismissal will centre around the terms in your contract that have been breached, so in certain situations where some people can claim unfair dismissal, others can’t. A common example of wrong dismissal is when an employer has sacked an employee without following the disclipinary procedure detailed in the employee’s contract.
If I am dismissed, what else can I do?
While out of work, you may be eligible to claim benefits, such as Jobseeker’s Allowance or Council Tax Benefits.
Where can I get more advice?
- The Advisory, Conciliation and Arbitration Service (Acas): 08457 474747. Acas has also produced a Code of Practice that offers employers practical advice on how to deal with disciplinary matters in a ‘fair’ way. This can be found here.
- Your local Citizens Advice Bureau.
- Your trade union (if you’re a member).
Recent stories in the press of unfair dismissal
After being dismissed for texting his employer following the death of his Brother, a company was ordered to pay their former employee £7,000 in compensation.
An Orthodontist who claimed to have been bullied out of her job following sexual and racial discrimination was recently awarded in excess of £100,000.
A Strathyclyde-based Fireman lost his claim for unfair dismissal after raising a false fire alarm at a block of flats housing hundreds of students who where then evacuated and left in the cold.
3 Truck Drivers are claiming compensation after alleging that a lost contract resulted in them losing their jobs.
If you have any questions, post a message below or give us a call!
Useful related sites (these are external and not affiliated with The CV Store):
Armchair Advice – Redundancy Advice: Advice for those experiencing job loss through redundancy and unfair or constructive dismissal
Compromise Agreements: This website offers reliable legal advice on all aspects of your compromise agreement
Advantage Employment Law’s website
Other posts:
If you enjoyed this post, get free tips delivered via email!
colin denovan said,
June 3, 2009 @ 8:45 pm
MY EMPLOYMENT WAS TERMINATED WHILE I WAS ON LONG TERM SICKNESS ALTHOUGH MY EMPLOYER STATED IN A LETTER TO ME THAT THEY WERE WAITING FOR A MEDICAL REPORT FROM MY GP BEFORE I STARTED BACK ON LIGHT DUTIES.(I HAD GIVEN THE COMPANY DOCTOR PERMISSION TO CONTACT MY GP.)DOES THIS CONTITUTE UNFAIR/WRONGFUL DISMISSAL.
cjm38 said,
January 30, 2010 @ 10:09 pm
if you have been dismissed can potential employers find this out from anywhere if i don’t tell them? i’m looking to move into the finance sector and have been asked if i have been dismissed from a job before
Iram Shahid said,
March 8, 2010 @ 6:13 pm
Hi,
I had been working in Topshop, the Arcadia company for four years but i got fired. Does that mean I can’t ever apply for any Arcadia jobs? Or work for that company like any other retail they are under e.g Walis?
Please kindly get back to me.
Kind Regards,
Iram Shahid
STELLA LAW said,
March 8, 2010 @ 6:56 pm
I work as a credit controller. When i first started work i was told that i would be doing A to Z of credit control. i has a dispute with my line manager who
made me chase a customer who she knew would cause me a problem. This customer complained and i put it in writing to my line managers manger that i thought it was unfair for my line manger to make me contaqct a customer that would cause a problem. I was just doing my normal accounts and i was tidying up my ledger. I was taken to one side and told that i could not remove credit balances from customers statements. This is something that has always been done in the credit control world. Since then my line manger has created hell fo me. They swapped accounts round, knowing that some customer would kick up a storm for been chased or put on stop. I was never advised by my line manger that some of these customer were very touchy about being chased. Again the ledger have been swapped round and again the same things have happened. I am on my final written warning and low and behold they have swapped the ledger again and i have just been told that a customer has complained about me. I think this will now make me loose my job. what do you advise.
Phill said,
April 11, 2010 @ 9:58 am
I took a holiday early December 2009. I also took a holiday between Christmas and new year (2009-2010). When I returned to work I was called to a disciplinary hearing to explain my ‘unauthorized absence.’ I said I’d filled a holiday form in and the boss said ‘Oh yeah? prove it.’ On the bottom of the holiday form is a tear off section which the manager is supposed to fill in and give you back. In the four years I’ve been there, no one has ever had the tear off section returned to them by the manager. A week later I was called in to the office while the result was read out to me… Instant dismissal for gross misconduct, please leave the building immediately. Three high ranking people (including my boss) did a very bad thing last November but I wouldn’t take part. I think my days were numbered from then on, they just used my holiday as an excuse to get rid of me. Since sacking me, two of the three men involved in Novembers ‘event’ have gone. I won’t take this lying down. Watch this space..!