Unfair Dismissal

Unfair dismissal happens when an employee is forced out of the company by the employer without providing any information or reason for terminating the employment. Unfair dismissal also happens when a fixed term contract is not renewed and when an employer forces an employee to retire by acting in a very unreasonable manner. Unfair dismissal may happen in organizations due to many reasons.
The dismissals can be broadly divided into Unfair Dismissal, Wrongful Dismissal and Constructive Dismissal. Wrongful dismissal happens when employer breaches the contract in dismissing the employee i.e. dismissing an employee without providing a notice or not following the termination procedures as mentioned in the contract. Constructive Dismissal happens when an employee terminates or resigns from his position without giving notice due to the breach of contract by the employer.
There are employment laws that protect employees when their contact or employment is terminated without providing any fair reasons.
The reasons for a dismissal to be considered as unfair are:
1. Because the employee had used his legal employment right (for example, taking parental leave)
2. Because the employee has become pregnant
3. Because of employee having membership/non-membership of a trade union

Dismissal is normally considered as fair only if the employer can show that it is for one of the following reasons:
4. When the employee's conduct is in question
5. When the employee is redundant
6. Legal reasons that prevents employee from doing their job
7. Taking part in industrial action that's unofficial or unlawful
8. Provide substantial reason for terminating the employment

Employer must normally give at least the notice stated in the contract or guaranteed by law. Dismissal of an employee without notice is allowed only for 'gross misconduct', which means a situation serious enough to dismiss an employee without giving a warning. In all other circumstances an employee is eligible to a get notice which clearly states the reasons for dismissal. If you are not getting the notice on time, you can contact your employer first and then an arbitrator for further legal procedures, if needed.

In case of unfair dismissals, you can appeal under disciplinary procedures or employee's dismissal. Another option is to have an individual arbitration. If so, the arbitrator hears from both ends and will finally make a legal decision. It is always appreciable to have an independent arbitrator since the decisions from the arbitrator will be legally binding and acceptable.

Some of the important things to remember when you appealing against an unfair dismissal:
- Communication mails, copies of termination/joining letters, and written evidence of telephone conversations and meetings - if possible- should be taken with you.

If the court decides the case in the employees favour, the employees can get their job back or compensation for the same. The court may reduce compensation if it is decided that the employees conduct played a part in their dismissal, or if the employee hasn't complied the disciplinary procedures. There should be proper rules to mitigate these problems in the work place.

Compromise Agreements, Company Law and Employment Law specialists.