What You Should Know About Fair or Unfair Dismissal
When employees are dismissed from employment, it is usually fair or unfair depending on the reasons for their dismissal. An employee should be clear about their employment rights when they are faced with dismissal from employment.
There are instances when employees cannot claim unfair dismissal. It is because these people are either considered to be self employed or freelance individuals. In cases of claiming unfair dismissal, employers will often state that employees are in fact self-employed when they are employed. So, it's important that individuals claiming unfair dismissal are completely aware of their status with regard to employment.
As an employee, in order to claim unfair dismissal, you need to have worked at least one year for your employer if you commenced employment prior to 6 April 2012 and for at least two years if you started working after 6 April 2012. People who have been in employment for less than the specified amount of time will have special rules apply to them.
You are regarded as dismissed when your employer decides not to continue your employment, with or without notice, or you are made redundant whether that is voluntary or not. It is also dismissal, if your employer is unwilling to reinstate you in your job after a dispute at work or your involvement in a strike. Dismissal also occurs when you resign due to your employer making it difficult for you to carry on with your duties of employment.
If an employer pressurises you to resign or you are a woman on maternity leave and you are not allowed to return to work, then it counts as dismissal. However, it is known for employers to claim that someone dismisses themselves when they behave in ways that make it difficult for them to continue employing them. However, unless you make it clear that you are resigning, you are considered as dismissed by your employer.
Some employees who are claimed to have resigned may have really been dismissed from their employment. It's important to be clear about whether it was the employer or the employee who decided to end the contract of employment.
If you are successful in winning a claim of unfair dismissal at an employment tribunal, you could be awarded compensation for your dismissal from your employer. Sometimes, the employer can be told to give you your job back. However, it is more usual for tribunals to award compensation than insist employers to give employees their jobs back.
At one time, an employer could force an employee to retire after reaching the age of 65, and this would not have been considered as showing ageism or unfair dismissal. The law changed that to state that people do not have to retire after reaching a certain age unless there are good reasons for it. They can only be made to retire if they show they are unable to do their job. Therefore, if an employer is making them retire due to their age they have a claim for unfair dismissal.
If you were 65 prior to 1 October 2011 and you were told to retire before 6 April 2011, as long as your employer was following the proper employment rules, you would not have a claim for unfair dismissal.
There are instances when employees cannot claim unfair dismissal. It is because these people are either considered to be self employed or freelance individuals. In cases of claiming unfair dismissal, employers will often state that employees are in fact self-employed when they are employed. So, it's important that individuals claiming unfair dismissal are completely aware of their status with regard to employment.
As an employee, in order to claim unfair dismissal, you need to have worked at least one year for your employer if you commenced employment prior to 6 April 2012 and for at least two years if you started working after 6 April 2012. People who have been in employment for less than the specified amount of time will have special rules apply to them.
You are regarded as dismissed when your employer decides not to continue your employment, with or without notice, or you are made redundant whether that is voluntary or not. It is also dismissal, if your employer is unwilling to reinstate you in your job after a dispute at work or your involvement in a strike. Dismissal also occurs when you resign due to your employer making it difficult for you to carry on with your duties of employment.
If an employer pressurises you to resign or you are a woman on maternity leave and you are not allowed to return to work, then it counts as dismissal. However, it is known for employers to claim that someone dismisses themselves when they behave in ways that make it difficult for them to continue employing them. However, unless you make it clear that you are resigning, you are considered as dismissed by your employer.
Some employees who are claimed to have resigned may have really been dismissed from their employment. It's important to be clear about whether it was the employer or the employee who decided to end the contract of employment.
If you are successful in winning a claim of unfair dismissal at an employment tribunal, you could be awarded compensation for your dismissal from your employer. Sometimes, the employer can be told to give you your job back. However, it is more usual for tribunals to award compensation than insist employers to give employees their jobs back.
At one time, an employer could force an employee to retire after reaching the age of 65, and this would not have been considered as showing ageism or unfair dismissal. The law changed that to state that people do not have to retire after reaching a certain age unless there are good reasons for it. They can only be made to retire if they show they are unable to do their job. Therefore, if an employer is making them retire due to their age they have a claim for unfair dismissal.
If you were 65 prior to 1 October 2011 and you were told to retire before 6 April 2011, as long as your employer was following the proper employment rules, you would not have a claim for unfair dismissal.
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