Dismissal

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Dismissal

Protection against unfair dismissal is set out in the Employment Rights Act 1996 (ERA 1996), which provides that an employer that dismisses a qualifying employee will be vulnerable to a claim for unfair dismissal in the employment tribunal unless (a) It can show a potentially fair reason for the dismissal (there are six potentially fair reasons) and (b) The tribunal finds that the employer acted reasonably in treating that reason as sufficient to justify dismissal. This has been interpreted by the courts and tribunals as meaning that the dismissal must be procedurally fair. If an employment tribunal finds that the dismissal is unfair it can order the employer to re-engage or reinstate the employee or (as is more likely in practice) pay the employee compensation. In order to bring a claim for unfair dismissal an employee must have been dismissed.

There will be a dismissal if the employer ends your employment with or without notice. There will be a constructive dismissal if you resign (with or without notice) and can show three things:

• There was a fundamental breach of contract by your employer
• You resigned because of that breach
• You did not delay before resigning (as delay can mean you have affirmed the contract and lost your right to claim constructive dismissal)
  

A constructive dismissal is not necessarily an unfair dismissal. The tribunal will look at the employer's conduct and decide whether it acted fairly.

If you require information or a consultation call us now on 0800 046 3065.

 

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