It is very common for employers to carry out a full and thorough investigation before making a decision when disciplining or dismissing an employee. But, is there always a need to give the employee the details of an investigation? And when it comes down to fair reasons for dismissal, what does it actually mean?
If you have been dismissed unfairly, you may have a claim for unfair dismissal. Employment lawyers Manchester can help you with your claim.
The following are fair reasons for dismissal. Study this section for a better understanding of your rights.
Employees are often dismissed for misconduct. Misconduct is an umbrella term that covers a range of behaviours, from minor personal misconduct (i.e., rudeness to colleagues) to gross misconduct (i.e., criminal conduct).
Minor misconduct does not generally justify dismissal. The Employment Act requires employers to make efforts to rehabilitate the employee and deal with the matter informally before considering an allegation of gross misconduct justifying immediate dismissal.
This is especially true in the case of a first offence. Although gross misconduct may be characterized as a single discrete incident, it will normally involve repeated or persistent behaviour over time.
Whether that behaviour constitutes gross misconduct will always depend on the particular circumstances and will require an objective assessment of many factors.
It can be said that the performance of an employee is the single most important factor in determining whether an employer will keep that person on staff.
That being said, what “performance” means is going to vary based on the business sector, as well as other individual factors.
The “performance” that one person may be able to display in their job role may be completely different if it was delivered by another person.
This is what makes performance such a tricky thing to measure, and why so many people struggle with it at some point in their careers.
Redundancy is known as being dismissed because your job no longer exists or your employer considered you were not necessary, in which case, you may be entitled to redundancy pay.
If your employer has dismissed you and claimed that the reason for your dismissal is redundancy, contact an employment lawyer immediately.
Breach Of A Statutory Duty
The Employment Act provides that employees can be dismissed for reasons that include “breach of a statutory restriction.”
A breach of a statutory duty is a relatively common ground for dismissal in the UK.
Employees can get dismissed for breaking a law or rule that’s in place to protect them.
They may be dismissed if they break health and safety, data protection, whistle-blowing, discrimination or other laws protecting their rights at work.
Any Other Substantial Reason
Yes, that is right! Employers can dismiss for any other substantial reason. This is a grey area and dismissals of this type are often discussed in court.
Faulty dismissal procedures cause headaches at best. They can be lengthy, disruptive, stressful, and costly without good reason. If you think that you have been unfairly dismissed from your job, we recommend consulting a good employment lawyer.
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