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Unfair dismissal is when an employee’s contract with a business or company is terminated without proper procedure or for unjust reasons. Being dismissed can be an overwhelming experience for an employee, especially when they aren’t sure of their rights or don’t see the dismissal coming.
Knowing your rights can be helpful for knowing the actions to take next. Here is what you should know about unfair dismissal:
Dismissal Requires Legitimate Grounds
Now might be the right time to research some of the best employment lawyers near you when you learn that dismissal requires legitimate grounds. Employers must have a valid reason to let you go. What that reason is can vary, but these are among the most common:
- Conduct – the employee has committed misconduct, such as bullying, dishonesty, theft or fraud, or chronic absenteeism
- Redundancy – the position is no longer required in the workplace
- Qualifications and capability – the employee can’t perform their job to the necessary standards
Employers Must Follow Proper Procedures
Even if an employee can be fairly dismissed for a specific reason, employers must follow a specific set of procedures. Otherwise, employees may be able to seek legal help for unfair dismissal or wrongful termination.
If employers aren’t happy with an employee’s actions within their workplace, they must provide clear feedback and warnings. If the behavior doesn’t improve or a one-off event is severe, they should conduct a fair investigation. Employees should be given the opportunity to respond to allegations against them during this time. There may also be other solutions to consider, other than dismissal.
There Can Be Remedies for Unfair Dismissal
If an employee seeks legal advice and a tribunal finds that an employee was unfairly let go from their job, the former employee may be required to remedy the situation. The most common remedies include:
- Reinstating the position – an employee can return to their former job
- A new position – an employee can return to the company or business with a new position
- Compensation – an employee can receive compensation for loss of earnings and other damages
There are Time Limits for Making Claims
You may not realize you’ve been unfairly dismissed from a position right away, but don’t let too much time pass you by before seeking legal advice. There are time limits for claiming unfair dismissal. You must bring your case before an employment tribunal within a specific number of months.
The timeframe may differ for each state and the nature of your claim. However, you typically have two years from the date of termination. If you’re unsure about time limits in your area, seek help from a trusted employment lawyer.
You Should Keep Documentation
Employment tribunals don’t just have to take your word for it that you were unfairly dismissed. If you believe you were, you must be able to prove it. The stronger your evidence, the more likely it is that your case will reach a satisfactory outcome.
As soon as problems start occurring in your workplace, keep detailed records of warnings, communications, and incidents. This information can be pivotal for a tribunal to learn the facts of a case and draw an accurate conclusion.
An unfair dismissal can take its toll, especially when it can have significant financial repercussions. If you believe you were wrongly dismissed from your place of business, take action. Employment lawyers can ensure you’re well-informed about your rights. They can also file wrongful termination claims on your behalf and fight for your right to the outcome you deserve.
