Presentation on theme: "Unfair Dismissal. What is an Unfair Dismissal? The employer did not have a fair reason to dismiss the employee. The employer had a fair reason, but the."— Presentation transcript:
What is an Unfair Dismissal? The employer did not have a fair reason to dismiss the employee. The employer had a fair reason, but the matter was dealt with unfairly.
How an Unfair Dismissal Claim Works For the employee The dismissal has to be proved. For the employer A valid reason for the dismissal has to be proved. They have to show they acted reasonably in the circumstances
Unfair Dismissal: Different Situations If the dismissal didn’t follow the minimum procedure, it is usually automatically unfair. If the employee shows that they weren’t told about a relevant company rule or policy, it can be unfair dismissal. In the case of retirement, the need to act reasonably and follow the statutory minimum dismissal procedure will not apply. The fairness of the dismissal will depend on whether the employer complied with the duty to consider working beyond retirement.
Unfair Dismissal vs. Wrongful Dismissal Wrongful dismissal where the employer breaches the contract in dismissing an employee, for example without notice or without following a procedure required by the contract. A dismissal can be both wrongful and unfair.