Unfair
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This document provides an overview of unfair dismissal in the UK. It discusses fair and unfair reasons for dismissal, types of unfair dismissal including failure to follow procedures, breakdown of trust, and discrimination. It also describes types of discrimination and how employers can avoid tribunal claims by following proper processes for capability, redundancy, retirement, and discipline. The document outlines the disciplinary process and provides information on bringing an employment tribunal claim, including time limits, remedies, and further resources.
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Unfair
- 2. Fair Reasons for Dismissal Capability Misconduct Redundancy Retirement Some other substantial reason
- 3. Types of Unfair Dismissal Failure to follow disciplinary procedures Breakdown of Mutual Trust and Confidence Discrimination Automatically Unfair reasons Health and safety Whistleblowing Childcare
- 4. Types of Discrimination Direct Indirect Victimisation Instructions to discriminate Harassment Justification arguments Sex, Race, Religion, Sexual Orientation & Age
- 5. How do I avoid tribunal claims? Follow the right processes Capability Process Redundancy Process Retirement Process Disciplinary Process Draft clear policies in your staff handbook
- 6. Disciplinary Process Write the employee a letter telling them & invite them to a meeting. They must be told what the alleged misconduct is and be offered the right to be accompanied Do as much investigation as possible into the misconduct & give the employee the evidence that you have collected If after the meeting you have decided that the employee is guilty of the misconduct, you can dismiss them at this point, but you must offer them a right of appeal If the employee chooses to appeal, you must hold an appeal meeting with them
- 7. How do I bring a Tribunal Claim? Claim must be bought to tribunal within 3 months You must have more than 1 years service unless you are claiming an automatically unfair reason Grievance procedure must be used if relevant For discrimination - burden of proof shifts to employer if the employee establishes a case in principle Remedies are; compensation, reinstatement, re- engagement, a declaration or recommendation. A tribunal CANNOT compel an employer to give you a reference. For discrimination, you can use questionnaires to help your case.
- 8. Further Information www.acas.co.uk www.emplaw.co.uk www.tiger.gov.uk Local Employment Tribunal Legal Committee Your CAB
Editor's Notes
- Capability includes ill health and stupidity
- dismissal in circumstances where the employee took or sought to take parental leave. dismissal in circumstances where the main reason is that the employee exercised the right to take a reasonable amount of time off work to deal with certain situations involving a dependant. dismissal because a woman is pregnant or has given birth to a child or for a reason connected with pregnancy or childbirth. dismissal because an employee took paternity leave or sought to take paternity leave dismissal because an employee took or sought to take adoption leave dismissal where an employee made an application to work flexibly dismissal where an employee exercised or sought to enforce rights under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 dismissal for reasons connected with health and safety responsibilities or for raising health and safety issues dismissal in connection with an employee’s rights under the Working Time Regulations 1998 dismissal of a shop or betting worker for refusing Sunday work dismissal for whistle blowing dismissal for reasons relating to an employee’s performance or his or her duties as an occupational pension fund trustee dismissal for reasons relating to an employee’s performance of his or her duties as an employee representative dismissal for asserting a statutory employment right (e.g. right to a written statement of employment particulars or an itemized pay statement) dismissal in connection with an employee’s rights to Tax Credits dismissal for participation in official industrial action dismissal where an employer has not complied with statutory dismissal and disciplinary procedures and dismisses the employee dismissal for trade union activities, membership, recognition bargaining dismissal by way of selection for redundancy for any of the above unfair reasons dismissal if the reason, or principle reason, is that an employee has been summonsed for jury service or has been absent from work on jury service dismissal relating to discrimination on grounds of sex, race, disability, religion or belief or sexual orientation
- Capability Process Redundancy Process Disciplinary Process Retirement Schedule 6(2) employer must tell employee of right to request to continue work not less than 6 months and not more than 1 year before the employee is due to retire; Schedule 6(5) gives the employee the right to request not to be retired; The employer has a duty to consider these requests, preferably by holding a meeting (schedule 6(7)); The employee has the right of appeal from the decision (schedule 6(8));
- This is the minimum procedure. Best practice is to devise your own and put it in the employee handbook/contract of employment.