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Whether you’re an employee or an employer, unfair dismissals are sure to be a difficult and sensitive process to navigate. So, what do you need to know?
As an employee, if you’ve been dismissed from your job in a ‘harsh, unjust or unreasonable manner’, you may be able to make a claim of unfair dismissal against your employer.
If you’re successful in making this claim, you may be entitled to compensation or the reinstatement of your job — but, be wary! This is a time sensitive process.
On the other hand, as an employer, you have several obligations and responsibilities under law — one of which is to be fair and transparent in the dismissal of your employees. So, if an employee makes a claim alleging to have been unfairly dismissed by your company, you’ll want to defend yourself and protect your reputation, even if you feel you’ve done nothing wrong.
Below, we’ll outline how to approach unfair dismissal as either an employee or an employer.
What Is An Unfair Dismissal?
To put it simply, unfair dismissal occurs when an employee’s employment is terminated unfairly. This could be at the initiative of an employer, or the employee could be forced to resign due to the actions of the employer.
Some factors that may be considered when deciding an unfair dismissal case include:
- Whether the dismissal was harsh, unjust or unreasonable; and
- Whether the dismissal was, in fact, a case of genuine redundancy.
The sad reality is that many unfair dismissal cases and terminations are accompanied by instances of workplace harassment and discrimination.
If an employee has been forced to resign due to the actions of their employer, the resignation is referred to as a “constructive dismissal”. Importantly, it still can be considered unfair dismissal.
Key Takeaway
The Unfair Dismissal claim process is a lengthy one. Whether you’re an employee or an employer, it is a matter that needs to be dealt with quickly and fairly.
If you have to navigate an unfair dismissal claim or defend yourself against one, email us at [email protected]. We’ll happily help you out!
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