What Are The Grounds For Unfair Dismissal?
If you have been dismissed from your job and you believe that this was unfair, you need to know what the legal grounds for this are. Not all dismissals are unfair and you will only be able to take legal action in certain cases.
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Grounds For Unfair Dismissal
Your dismissal may be unfair if your employer does not have a good reason to dismiss you. At the time of the dismissal, your employer should state why you are being dismissed. If they do not, you are entitled to ask for the reason.
Your dismissal will also be unfair if the formal dismissal process of the company has not been followed. If you work in Northern Ireland, the statutory minimum dismissal procedure will also need to be followed. There are other situations where your dismissal is likely to be unfair.
If you have asked for flexible working hours and have been dismissed, this will generally be deemed unfair. If you have been dismissed for joining a trade union, for refusing to give up working time rights such as rest breaks or for taking part in industrial action in the last year, you have grounds for an unfair dismissal case. If you have exposed wrongdoing in the company and been dismissed, this will also be an unfair dismissal.
If you have been forced to retire through compulsory retirement, you might have grounds for unfair dismissal. This is a complicated situation as compulsory retirement can be allowed if your employer can fully justify it. If you feel that the justification is not sufficient, you can challenge this at an employment tribunal.
Constructive Dismissal
Part of unfair dismissal is constructive dismissal. This is when you are forced to leave your job against your will because of the conduct of your employer. To bring a case of constructive dismissal, the reasons for leaving your job will need to be serious.
This can include if you were not paid for the work that you completed or if you were demoted without any reason. If other employees have been allowed to harass or bully you or you have been forced to accept unreasonable changes to your work. The breach of contract by your employer could be one serious event or a series of incidents which add up. If you do have a case for constructive dismissal, you will need to leave your job immediately as your stay could be construed as you accepting the behaviour.
If you feel that your dismissal was unfair in any way, you need to talk to a legal professional such as DPH Legal. They will be able to determine what your next steps should be.
Disclaimer: The contents of this article are for information purposes only and should not be relied upon as formal legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Specific legal advice should be sort tailored to the individual circumstances in all cases.
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