Illegal dismissal is, by its very definition, against the law. Of course, there are many different reasons why your employment can be ended. Your employer should tell you why you’re being dismissed while they are doing it. What you need to decide is whether that reason is genuine and whether they are being fair or not.
The good news is that you don’t have to do it alone. If you’ve been dismissed and you’re not sure whether it was unfair or not, contact a reputable unfair dismissal lawyer. They specialize in these scenarios and will help you understand the issue and take the next steps if appropriate.
The Dismissal Process
Regardless of why someone is being dismissed, there is a set process that must be followed. In all cases, except for redundancy and the end of a contract, the employee should be invited to a meeting. The invitation should describe what the perceived issue is and you should be invited to bring a representative with you.
At the meeting your employer must tell you the issue and why they feel there is an issue, along with any appropriate evidence to back it up. You’ll have the opportunity to defend yourself.
In all cases except for gross misconduct, you must be given the opportunity to improve. If you don’t the employer will follow up with a second meeting and can terminate your employment after the third meeting. In cases of gross misconduct, the termination can happen straight away.
Should the employer fail to follow this procedure, plus any additional procedures in your employment contract, the dismissal will be automatically unfair.
It’s worth noting that the dismissal process for redundancy is different but there is still a set procedure that should be followed.
Reasons For Dismissal
Your employer must give you a reason for dismissal. This reason must be fair and justified. That means they can’t dismiss you because you’re pregnant or because you took a day off when you shouldn’t have.
It can be difficult to decide whether the reason for dismissal is fair or not. That’s why it’s best to talk to the professionals and explain the entire situation. They can advise whether it was unfair dismissal.
Claiming Unfair Dismissal
While a lawyer will help you to claim unfair dismissal, you should note that you must be employed for at least 6 months in a larger business or 12 months in a smaller business before you can qualify for unfair dismissal. You also must lodge your unfair dismissal claim within 21 days, which means seeing a lawyer straight away to discuss your options.
Rewards
In theory, if the employer is found to have unfairly dismissed you they can give you your job back. However, in reality, this isn’t something most people will want. Instead, you’ll be given all the pay that was owed to you, including outstanding wages, holiday pay, and overtime, and you’ll be given compensation for the stress and financial hardship caused.