It’s the working Briton’s worst
nightmare to be put into a situation where they could face dismissal. At the
end of the day our employment is essential to keeping up our lifestyles and
supporting our families. That is why losing your job can be disastrous. Most of
the time, there is a clear cut reason behind this dismissal, and you have no
choice but to swallow this most bitter of pills.
However, it’s not completely
unheard of for an employee to be dismissed without a significant reason. If you
are put in this position then you need to know whether you can take legal
action against your employer. According to UK law you can take action against
your employer if you are unfairly dismissed. However, in order to take action
you have to know the criteria for unfair dismissal. What are the reasons and
employer can’t give if they wish to give you the sack?
There are two clear cut
situations where it is automatically seen as unfair dismissal. The first of
these is if your employer doesn’t give a reason for dismissing you; after all,
these things have to be stated, every employee has the right to know why they
are being dismissed. The second of these is if the dismissal, for whatever
reason, has not followed the company in questions formal disciplinary or
dismissal process; after all these processes are put in place to ensure that
all employees are treated equally, therefore not following them would suggest
that you are not being treated equally.
However, these aren’t the only
indicators of unfair dismissal; these are just the most certain to indicate
that you have a case. There are many other factors that if you have been
dismissed could indicate unfair dismissal. The first of these is if you’ve
recently requested flexible working hours; some employers would rather get rid
of you than deal with it. Another is if you’ve refused to give up your legal
working rights (e.g. taking a break); employers would see you as obstinate and unwilling
to conform. Another is if you’ve recently joined a trade union; trade unions
are notorious for causing employers trouble and some employers would prefer not
to deal with them. Another could be if you’ve taken time off for jury service;
some employers see it as being lazy and slacking off.
