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What is a ‘fair’ reason for a dismissal?

 
In considering whether or not you have been the subject of an unfair dismissal, having established that you have actually been ‘dismissed’, the next stage for our Unfair Dismissal Solicitors is to see whether that dismissal was unfair or not. For a dismissal to be fair, the reason given by your employer must be one of five ‘fair’ grounds for dismissal:

  • Redundancy – being made redundant for a legitimate reason
  • Capability – a lack of experience or qualifications to do the job
  • Conduct – misconduct whilst at work
  • Statutory Restriction – if keeping you in employment causes your employer to break the law, e.g. working with an expired visa
  • Other substantial reason – refusing to accept changes to your employment in line with a re-organisation of the business

If you are not sure whether the reason for your dismissal was fair, contact our experienced Unfair Dismissal Solicitors today.

 

What is a ‘fair’ dismissal procedure?
The ACAS Code of Practice sets out what is a fair disciplinary procedure. The following is a basic outline of the process any employer should follow:

  • Step 1 – Notify the employee in writing of the details of the alleged misconduct or details of any poor performance. The employee should be informed of what the outcomes of any disciplinary meeting may be so that they can prepare adequately. Lastly, the notification should provide copies of any evidence the employer is relying on, details of the time and date of the disciplinary meeting and it should tell the employee of their right to be accompanied to the meeting.
  • Step 2 – The disciplinary meeting has the main purpose of the employer explaining to the employee what the problem is and showing them what evidence they have to support the disciplinary. The employee should be given the opportunity to answer any case against them and provide any evidence of their own. If the employee has any questions, these should be answered now.
  • Step 3 – After a decision is reached, the employee should be notified in writing of the outcome. It is at this stage that a first or final warning can be issued, depending on the seriousness of the situation. If the offence is one of gross misconduct an employer may decide to dismiss the employee straight away.
  • Step 4 – When the employee receives notification of any disciplinary action to be taken against them, they should also be informed of their right to appeal the decision.

 

Contact our Unfair Dismissal Solicitors today
If you are thinking of making a claim for unfair dismissal compensation, don't forget that there is a strict three month time limit. So if you think you have been unfairly dismissed get in touch with our Unfair Dismissal Solicitors immediately.

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Unfair Dismissal Solicitors – UK Solicitors Specialising in Unfair Dismissal Claims
Bonallack & Bishop Solicitors (76483) authorised and regulated by the Solicitors Regulation Authority

 

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