Many of us encounter Constructive Unfair Dismissals one time or another. Before we proceed, let us take a look at what qualifies as a fair dismissal and constructive unfair dismissal.
It is considered to be A Fair dismissal when you first of all:
- You have issues in your conduct such as drinking, alcohol abuse, Undisciplined in work, Dishonest, Theft and Malicious conduct. This could be grounds to your dismissal in any country or region
- Lack of ability/capabilities to do your job. Of course if your work is very unsatisfactory and full of mistakes, this could be grounds to your dismissal. Why would a company keep an unproductive employee who always makes mistakes that could cause the company great losses?
- Another fair reason would be illness or retirement. If you are very ill, how can you perform your duties to the company. Same goes for age. There is always a specified Retirement Age that applies to different countries and regions.
These are just some of the grounds that can be used for a Fair Dismissal. There are still some other but this are the most common grounds that are used for such.
Unfair Dismissals on the other hand is when your employer ended your employment unfairly. Under the UK Employment Law; it is considered Unfair when;
- An employee is dismissed after exercising or trying to exercise his/her Legal employment right such as vacation/leave, exercising his/her religion, tradition, gender,sexual orientation, disability, race and age.
- Dismissal before, during or after business transfer may be considered unfair under Transfer of Undertakings’ (TUPE) protections.
- Unfair selection for Redundancy (Reduce of workforce due to technology, dissolving of your position, cost cutting or if the company is closing or moving).
- Dismissal due to pregnancy and/or marital rights.
- Dismissal due to trade union reasons or industrial dispute.
- Dismissal due to employee’ being in a part-time or fixed rate status.
- Constructive unfair dismissal ( when an employer forces his employee to quit due to his conduct or behavior).
This are just some of the grounds that can be considered as Unfair Dismissal. If you have experienced or is experiencing this; then I suggest the need to seek employment legal advice from employment law specialist or employment solicitors. You could also seek employment law advice from the employment tribunal if you are uncertain if your dismissal has grounds to be considered unfair. They offer a Public enquiry line or helpline for this cases. There are also a lot of employment law firms in UK and London who specializes in unfair dismissal laws and redundancy law.
In times of employment disputes, It is beneficial that you know your employment rights and the laws that protects this rights. It is essential that you have a grasp of knowledge of what maybe considered fair dismissal, unfair dismissal laws and redundancy laws. We have to be equipped with this knowledge to fight any company that exercises unfair dismissals. Who knows? After going through this and proving you have received an unfair dismissal, you might end up claiming unfair dismissal compensation.