Employment Law Help

Employees are entitled to a certain level of security in their posts. They should be able to go on with their work as long as they are meeting the performance goals and other requirements of their job. They cannot be dismissed at random by their employers. Neither can they be booted out because of baseless accusations or be the subject of other forms of unfair treatment. If this happens, then they can file a complaint for unfair dismissal.

Get more info on unfair dismissal


What is Unfair Dismissal?


Of course, employers do have the right to fire their workers if these people fail in one way or another. The most common reason cited is the lack of capability. For example, an applicant may have lied about his qualifications or his current health in order to be considered for a job. He might also turn out to be incompetent and therefore a liability to the company. Keeping him would not be sensible. Conduct is also a valid reason. Theft of sensitive business information, abusive behaviours against co-workers, frequent racist remarks, problems with punctuality, and going away without permission can all be grounds for dismissal.


Those who break the law may also be terminated, even if the breach happened outside of office hours and the company's assets were not involved. The unlawful act can still fall under the prohibition on gross misconduct. Businesses are also keen to disassociate themselves from people of ill repute as their brand can suffer. Sometimes companies will also let people go because of redundancy. In such cases, a clear policy must be followed to prevent perceptions of targeting. Other valid reasons for dismissing an employee is the unwillingness to work with others or with vital equipment.


What Can Help with Unfair Dismissal?


If the reason cited for the dismissal is not among those mentioned, then they may be scrutinized further to check whether they can be considered as unfair. A case can be filed in an employment tribunal so that the actions of both parties may be evaluated by competent officials. If they rule in favour of the employer, then the case will be thrown out. If they rule in favour of the employee, then the employer may have to pay damages for their wrongful act.


How is the Employer's Conduct Assessed?


The tribunal will check whether the employer followed their own internal procedures as well as all the relevant labour laws. For example, they will see if the terms of employment were adhered to. If the first offense should be met by a warning, then they will look for evidence that this was given before harsher penalties were meted out. They will study whether the employee handbook spelled out the rules that were claimed to be violated. In other words, the issue should be clear to both parties. It must not be a random dismissal. The employer should also be able to show that it did acted with impartiality and that the rules were applied to everyone as intended. In other words, this should not be a special case.