Unfair Dismissal

The employment law series

 Usually when the question comes to dismal the matters is whether it is fair or unfair dismal. Bellow we will explain the basic principles under which dismissal performs, however before you take any actions or decide on any matter you should seek legal advise and obtain one by your lawyers. 

In order for an employee to sue for unfair dismissal under the statute he must have worked for the employer for at least 26 weeks unless there is an agreement extending this period up to 104 weeks unless if the employee is employed under a written contract for a fixed term.

Under this claim the employee argues that the dismissal was made for an unfair reason.

Below you may find some reasons of unfair dismissal

  • Health and Safety cases ( The employees are dismissed because they argue that the employer does not maintain safe working environment)

  • Pregnancy, childbirth ( a pregnant woman can be dismissed only for misconduct , if the company closed down or if the woman was working under a fixed term contract which expired).

  • Membership in Trade Unionism

  • Race, colour, gender, family status, religion, political belief.

  • The employee filed a complaint in good faith against the employer.

On the other hand the Employee may raise reasons for fair dismissal and below we refer to some,

  • Lack of capabilities or qualifications of employee (The employee fails to carry out his duties in a reasonably efficient manner)

  • Misconduct of employee (criminal offense, gross negligent, immoral behavior etc)

  • The employment contract was fixed term and it expired or the employee reached the retirement age.

  • Employee was made redundant (So he has a claim for redundancy)

We hope that the above are of help, however please bear in mind that the application of the above depends on the real facts of each case. In order to decide whether a certain action constitutes a reason for a fair or unfair dismissal you should contact your lawyers and obtain a legal advise. Our firm cannot accept any liability for any reliance on this or any of its articles, unless if it has been contracted to provide a legal opinion and it actually provided one under retainer.

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