When is Dismissal Fair?
There are many cases when somebody being dismissed from their job is unfairly dismissed, such as in the case of constructive dismissal for example. However, there are also situations where dismissal is fair and legitimate.
If you have been dismissed from your job, DSM Legal can help you determine whether it was for fair reasons, and whether your employer followed the correct procedures required of them by law. If not, you may be entitled to make an unfair dismissal claim. Call us today on 0845 009 0863.
If you have been dismissed from your job, DSM Legal can help you determine whether it was for fair reasons, and whether your employer followed the correct procedures required of them by law. If not, you may be entitled to make an unfair dismissal claim. Call us today on 0845 009 0863.
Some Prima Facie Reasons for Dismissing an Employee
Capability
Sometimes, unfortunately, somebody can just not be up to the job at hand. This can lead to that employee being dismissed for poor performance at their job. However, the employer cannot ask you to leave immediately, they must ensure that a warning has been given, and that adequate training has been provided in order to help improve the situation.
Misconduct
Misconduct can take many forms, but can loosely be described as behaviour that is to the detriment of the company. Examples include not turning up for work on a regular basis, stealing from the company and abusing drugs or alcohol. There are many other reasons.
Other Major Reasons
Other major reasons, such as being sent to prison or having a conflict or personality clash with a colleague that cannot be resolved, can lead to dismissal.
Disciplinary Procedures
If your employer has not followed the correct disciplinary procedures as stated by the law, you may be able to claim.
The procedure is as follows:
• When the misconduct is identified and an investigation has taken place, your employer must give you the opportunity to answer those allegations
• If your employer believes that there is a case to answer a disciplinary hearing must take place, and you must be allowed to bring in either a colleague or union rep. There are some procedures that must be followed during the hearing
• You must be informed in writing of the decision from the hearing, and given a time window in which to appeal.
• Following the appeal, the final decision will be made.
The procedure is as follows:
• When the misconduct is identified and an investigation has taken place, your employer must give you the opportunity to answer those allegations
• If your employer believes that there is a case to answer a disciplinary hearing must take place, and you must be allowed to bring in either a colleague or union rep. There are some procedures that must be followed during the hearing
• You must be informed in writing of the decision from the hearing, and given a time window in which to appeal.
• Following the appeal, the final decision will be made.
Contact DSM Legal
Call us today on 0845 009 0863 to talk through the circumstances surrounding your dismissal. We will advise on a case by case basis, as every case can be complex and unique.
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