Unfair dismissal FAQs

Unfair dismissal FAQs

What is unfair dismissal? Dismissal can be unfair for a variety of reasons. For example, your employer may lack a fair reason for dismissing you; your employer may fail to follow the correct dismissal process; or your employer may dismiss you for an automatically unfair reason. What are fair grounds for dismissal? If you pursue a claim for unfair dismissal, your employer has the burden of showing your dismissal was based on one of six…

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What are instant dismissals?

What are instant dismissals?

If your employer is dismissing you from your job then there are certain procedures they should follow. In some cases your employer might be able to instantly dismiss you without going through the normal disciplinary procedures. What is instant dismissal? If your employer instantly dismisses you without making any investigation into the reasons why you are being dismissed, the circumstances are nearly always considered unfair. An example of an unfair dismissal could be where a…

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What can I do if I am unfairly dismissed?

What can I do if I am unfairly dismissed?

If you are dismissed by your employer (or you are threatened with dismissal), there are a number of options you can pursue to get help to resolve your issues: Mediation Conciliation Arbitration Trade union advice (if you are a member).   If you are unable to settle the dispute between you and your employer using one of these methods, you can pursue a claim for unfair dismissal before an employment tribunal. What is the qualifying…

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What is meant by unfair constructive dismissal?

What is meant by unfair constructive dismissal?

You may be able to claim unfair constructive dismissal if you are forced to resign because of your employer’s unlawful behavior. In order to pursue a claim, you must show that: your employer committed a serious breach of your employment contract; you did not accept the breach; and you felt forced to resign because of that breach.   1. Serious breach of your employment contract a. Examples of serious breaches of contract Examples of serious…

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What is meant by unfair dismissal?

What is meant by unfair dismissal?

If you feel your employer ended your employment unfairly, either because of the reason why you were dismissed, or the process they used, then you may have been unfairly dismissed and might be able to complain to an Employment Tribunal (or Industrial Tribunal in Northern Ireland). What is unfair dismissal There are several ways your dismissal could be unfair: your employer does not have a fair reason for dismissing you (eg if there was nothing…

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What reasons for dismissal are considered fair?

What reasons for dismissal are considered fair?

Dismissal from a job is often difficult, and usually comes with disappointment, anger or outrage, and worry about the future, whether another job will be found quickly and the financial uncertainty that comes with the loss of a regular income. Dismissal from a job can be for many reasons. Often the reason behind the dismissal will affect how you feel and what happens next. If you believe that what has happened was justified, or if…

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