Employment Law is both complex and constantly changing and it is vital that you involve a team of experts who have a comprehensive working knowledge of current legislation.
Unfair dismissal claims are on the rise and it is important that you are aware of the very latest legislation when making a claim. Unfair dismissal legislation is an important area of employment law that seeks to protect workers from arbitrary and unjust termination of their employment. This legislation aims to ensure that employees are treated fairly and that their rights are respected by their employers.
What is unfair dismissal?
Unfair dismissal is the term used to describe the termination of an employee’s employment contract by their employer, where the termination is not in line with the legal requirements set out in UK law. The legislation aims to prevent employers from dismissing employees without good reason or without following proper procedures.
Who is protected by unfair dismissal legislation?
To be eligible for protection under UK unfair dismissal law, an employee must have been employed for at least two years. However, there are some exceptions to this rule. For example, employees cannot be dismissed unfairly due to discrimination, regardless of their length of service.
What contitutes fair dismissal?
Employers are entitled to dismiss an employee for a variety of reasons, such as misconduct, poor performance, or redundancy. However, the dismissal must be for a valid reason and must be carried out in a fair and reasonable manner. The following factors are taken into consideration when determining whether a dismissal was fair:
- The reason for the dismissal
- Whether the employer followed proper procedures
- Whether the employer acted reasonably in treating the reason as sufficient for dismissal
If an employer fails to meet these criteria, the dismissal may be considered unfair. If an employee believes they have been unfairly dismissed, they can bring a claim against their employer to an Employment Tribunal. If the Tribunal finds that the dismissal was unfair, they can order the employer to reinstate the employee or provide them with compensation.