When you work for a company, you expect that the employer to treat you in all fairness. Biased approach because of any reason can happen to be highly demotivating. However, few people know that such unfairness or biased approach at work is unlawful too. If you believe that you have been unfairly dismissed from your job, you can file a claim to the employment tribunal.
According to the law, there are few fixed reasons for which an employer can dismiss an employee for that dismissal to be termed as fair.
If the conduct of the employee is not as per what was desired or the employee is not found to be capable enough for the job. This can also be considered if the employee has been dismissed because his / her qualification does not suit the job the employee’s job has become redundant. Over a period of time, an organization might feel that the role, which was earlier crucial, has now become outmoded. If this is the case, it would not fall under unfair dismissal.There is some other substantial reason which has enough backing to be justified as per law.
If none of the above reasons apply, the dismissal can be concluded to be unfair. There are many employment tribunal claims that are filed in UK and some of the other countries of the world, with regards to unfair dismissal. What one has to keep in mind though is the tribunal has to be absolutely certain about the fairness or otherwise of the dismissal. Given that the labour market is a dynamic field, it cannot always be judged by a few rules & regulations. The employers might sometimes come up with a reason which has not been documented in law. In that case, the tribunal has to make use of common knowledge to come to a conclusion.
There can be three types of dismissals which can fall under the scrutiny of the tribunal.
WRONGFUL DISMISSAL: As the name itself suggests, such dismissal is when the employer does not adhere to set norms or the contract that was signed while initiating the association. This happens to be a clear case of unfair dismissal and the employee can file a suit.
DISCRIMINATION: This is a case where the employee believes that his / her dismissal has been because of some kind of discrimination. This, again, can be termed as dismissal which is unfair.
CONSTRUCTIVE DISMISSAL: This is where the employee resigns from the company without serving the notice period on the grounds that the employer had not followed the contract or some other action which entitles such non serving of the notice period.