Unfair Dismissal

By Wayne On November 9, 2011 Under Unfair Dismissal, Unfair Dismissal Compensation

In UK, illegal employment termination can take three forms under the Employment Law. The first of these is wrongful dismissal. This counts as a breach of contract and there and the employee can file a suit for damages. Fundamentally, cases on wrongful dismissal may be handled at civil courts and the maximum amount set as compensation is sometimes predetermined and/or award by Employment Tribunals. Unfair dismissal is the second form of illegal employment termination. This usually has no limit on the type of employment termination that it covers since it even includes a redundancy dispute situation. Cases that fall under this type of dismissal are usually dealt with by Employment Tribunals.

Wrongful dismissal is said to occur when an employee was laid off without notice or without the valid reason as to why he or she was fired. Such cases are usually dealt with by the employment tribunals. There are, however, damages that have to be paid by the party that has wronged the other. There is also a maximum limit set as to the extent of the damages. The wronged party also has the option of suing in the high court.

Wrongful dismissal falls more into common law than it does as an act of parliament. Wrongful dismissal can take place if the employer did not give you, the employee, adequate prior notice of your dismissal. Usually, when the employer decides to dismiss you from work, he or she is required to give you a three month notice. This should be the period within which you look for employment elsewhere and plan your exit from the organization. However, this period can vary depending on the contract signed. In some situations, you may judge that the employer dismissed you without any good reason. You can also sue for damages on this.

Unfair dismissal is another type of illegal employment termination. Disputes that fall under unfair dismissal are resolved only in the Employment Tribunals. However, as the aggrieved party, should you feel that justice was not done in the verdict issued by the Employment Tribunals, you have the option of appealing to the Employment Appeals Tribunal. Subsequently, if the verdict given by this court still seems unfair to you, you can further appeal to the national courts or the European or national court. This is the final court in which you can appeal.

Unfair dismissal is being laid off from work for no statutory reason. This type of dismissal can only be justifiable if you have been employed for over one year. However, there are exceptions to this case and these exceptions include, but not limited to pregnancy, activities of trade unions, disability, sexual or racial discrimination or even victimization and harassment. Unfair dismissal does not have to be necessarily orders from the superiors dismissing you, the employee. In some situations, you can prove that you were subjected to conditions that compelled you to quitting your job. Either way, it doesn’t matter under what form of illegal employment termination your tenure was terminated; it is usually important to seek legal redress.