Duncan Lewis

Registered Office

for Duncan Lewis

Solicitors

Unfair or wrongful dismissal

Date: (31 January 2013)    |    

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For all those employers who would want to dismiss an employee they should do it under proper legal advice at the early stages because any wrongful dismissal without following the proper procedure such as giving enough notice was likely to end up in Employment tribunal for unfair dismissal claims which could be an expensive affair.

The compensation could be in excess of £80,000.00 and despite putting on the best defence and success at the tribunal the process could be time consuming, costly and extremely stressful.

Lawful dismissal

The dismissal could be termed fair if the employer’s behaviour was not proper, there was no work or work had decreased which term is known as redundancy when the workers are left idle with not work. If the employee is unable to perform the work allocated to him and underperforms. If there is an illegal recruitment, for example, recruiting someone with a criminal background? Some substantial reason which could be a understood as a fair reason that does not fall under the other categories, such as personality clashes, business re-organisation, or a breakdown in trust. Any other reason would be unfair a fair procedure has to be followed.

Procedure

Even the procedure followed for dismissal of an employee is important. The reason for dismissal has to be fair and must show a reasonable cause which could include acting without delay, acting consistently without being biased so that all employees are treated on par. You should ensure that all the necessary facts are established through an investigation process. The employee should also be given the opportunity to put his/her case forward before a decision is made.
Notice period
All employees have a right to receive a period of notice (or, depending on their contract, a payment in lieu of notice) if their employment is terminated. The exception to the rule is when the employee has committed an act of which is so serious and hi/her employment is terminated – the employee does not have to receive notice.
Inadequate notice or payment in lieu before dismissal is a wrongful dismissal. The employee may then have a claim for the amount of money together with any benefits they should have earned during the notice period.
Caution
Employers have to take care what they communicate via letters and emails to their employees. The tone and tenor of wordings, keeping records of all communications in respect to their performance, using probationary periods effectively as per any written clause in the employment contract. If an employee shows that they have resigned for being treated badly and had no other alternative but to resign, s/he would have a claim for an unfair dismissal.

 

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Duncan Lewis Blog - Posted By: Flynn on 13 July 2011 at 17:0

Are there any changes coming into effect concerning the carrying on of employment of foregin nationals?