Unfair dismissal is not wrongful dismissal which is dismissal in violation or breach of an employment contract which can be adjudicated in the British court system. Unfair dismissal taken to the highest authority is a claim that belongs in the Employment Tribunal system. However wrongful dismissal can become intertwined with and unfair dismissal issue because so many legal issues do become intertwined over time. Often unfair dismissal refers to a redundancy action or redundancy payments or redundancy notices.Visit site wrongful termination legal news for ample details.
A dismissal may be considered unfair if an employee is dismissed unfairly even though the employee had no problems in the performance of their work. Another dismissal considered unfair is if an employee is dismissed with the employer following the specific dismissal procedures set up either by an employment contract, trade union rules for dismissals or redundancy dismissals according to British laws. There are some automatic reasons for filing a valid claim with an Employment Tribunal such as being dismissed because you were pregnant and you wanted to take maternity leave.
To be dismissed unfairly is not the same as a fair dismissal which may fall under various categories such as drug or alcohol abuse on the job, poor attendance or failure to show up for work on time, poor discipline, inability or refusal to keep up with technological changes on your job such as computers that you were trained on and expected to use but for some reason refuse to use, or of course theft or some other form of illegal action.
Also automatic dismissal that is unfair may be an easy case to prove if you chose to ask for or take an action involving one of an employee statutory employment rights such as serving jury duty, paternal leave, requesting flexible working hours or arrangements or asking for guaranteed pay when work is not available. If an employee is dismissed for any of these reasons and there a re some others that apply here, it is fairly easy to document these actions. The employee just has to remember to keep explicit notes of times and conversations so that they have the backup required to carry through with this claim.However that employee may not be expecting to be dismissed for any of these reasons so they don’t think to keep notes or emails or anything to prove their claim. It would seem that if an employee really disliked their job so much that they automatically took this type of defensive action they might be better employed elsewhere. There is also that employee who might be termed a vexation litigant who keeps on repeatedly making claims for discrimination or harassment or forms of dismissal and this person is labeled a vexation litigant and is barred from bringing claims to the Employment Tribunal.