I think I have a case for unfair dismissal. I work at a Restaurant as a waiter, I do my job to an amazing level, but this week the manager came and told me that I am going to be dismissed! She has not even told me what the reasons are for my dismissal.
I can’t believe it, this is an utter joke. Whatever reasons the management has, I think that I could have a good case for unfair dismissal. Can you please explain to me how unfair dismissal works?
The Answer from Solicitors Online
What is unfair dismissal?
In certain situations a dismissal will be regarded as unfair under UK Employment law, because of the reason that the dismissal is based on. This is known as unfair dismissal.
Unfair dismissal reasons
If you started your job after the 6th April 2012, you must have worked for your employer for at least two years for you to bring a claim at the Employment Tribunal for unfair dismissal.
However your dismissal will automatically be unfair dismissal no matter how long you have worked at your workplace or the date that you started work, if your dismissal was based on one of the following reasons:
• Your trade union membership or activities
• Pregnancy or maternity
• You have blown the whistle on malpractice in your workplace
• You are representing you co-workers at a grievance or disciplinary hearing
• You have refused to do something on healthy and safety grounds
• You have taken part in a lawful union strike action
• You refused to comply with a work requirement which is prohibited by the Working Time Regulations 1998
• You tried to make your employer to pay you at least the national minimum wage
• You exercised one of your rights in relation to pension enrolment
• You used your rights to get study leave or request extra training
• You were dismissed because of your race, age, gender, disability or religion
Your dismissal may also be unfair if your employer quite simply does not have a fair reason for dismissing you e.g. your performance was exceptionally good but your employer dismissed you anyway. In this case you must have worked for more than two years at your place of work if you started there after the 6th April 2012.
Your dismissal can also be regarded as unfair if your employer did not follow a fair procedure before they dismissed you e.g. they did not properly investigate any complaints that you made about the workplace such as bullying. In this case you must also have worked there for more than two years if you started work after 6th April 2012.
Fair reasons for your dismissal
Reasons that can make your dismissal fair and potentially make your claim for unfair dismissal unsuccessful are:
• Misconduct – This includes actions by you during the course of employment or outside of work.
Your employer must be able to show that they have conducted a proper investigation into your alleged misconduct. Your misconduct must be bad enough to justify your dismissal.
• Capability or qualifications for the job – This includes your skill level, health, or your physical and mental ability.
• Redundancy – If your employer needs to reduce their workforce because you can be replaced by technology, your job no long exists, your employer can no longer afford to keep you on or your employer is moving elsewhere or closing down.
• The law – If the law requires that your employer has to dismiss you then this would be regarded as a fair dismissal.
• Some other substantial reason – This can be a serious reason that is not mentioned in the above.
If your employer has acted in an extremely bad way towards you, it may justify you leaving your job without giving your employer any notice. However it is always best to talk to a Solicitor first and tell them the specific details of your employers actions that make you want to leave without giving notice.
Making a claim for unfair dismissal at the Employment Tribunal
If you do wish to make a claim at the Employment tribunal for unfair dismissal, you must make this claim within 3 months of your dismissal taking place.
If you need legal advice in regards to unfair dismissal you can get legal advice online from one of our Solicitors online right now.