(a) Unfair dismissal is a statutory term. Under the Employment Rights Act (ERA) 1996, employees have a right not to be unfairly dismissed. Once an employee has shown that they have been dismissed, the onus is placed on the employer to show that they acted reasonably in dismissing them for a potentially fair reason within s.98 ERA.
The following five categories may be counted as fair:
– lack of capability or qualifications.
– misconduct.
– redundancy.
– where continued employment would constitute a breach of a statutory provision.
– some other substantial reason such as a clash of personalities.
The following are situations where dismissal is automatically unfair:
– dismissal for trade union reasons.
– dismissal on grounds of pregnancy or childbirth or other reason connected to pregnancy or following maternity leave period.
– dismissal in relation to health and safety issues.
– dismissal for making a protected disclosure to the appropriate authorities.
– dismissal for asserting a statutory right governing such aspects of employment as the length of working time or minimum wage payment.
In relation to a successful claim for unfair dismissal, an Employment Tribunal may award any one of the following remedies:
(i) reinstatement,
(ii) re-engagement or
(iii) compensation. |
