Thursday, 10 May 2018 14:58

Dismissal Types

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Reasons for dismissal can often get confused but it’s important to know what’s what so that you can ensure that procedures are followed correctly and you are not exposed to any potential to be taken to an Employment Tribunal.

The three types of dismissal that Employers can find themselves in court for are Unfair, Wrongful and Constructive. We’ll look at each in turn.

  • Generally speaking, a claim for Unfair Dismissal can only be bought by an employee who has more than two years of continuous service, thus having qualified for workers’ rights. Unfair dismissal occurs when an employee is dismissed in an unfair, unjust or unreasonable manner. An employee might bring an unfair dismissal claim if he or she is dismissed for reasons of either their capability to do their job or for their conduct, but disputes these reasons. There are some exceptions to this however such as where a protected characteristic is involved or whistleblowing.

  • A Wrongful Dismissal claim will most likely be bought for a breach of contract. There is no qualifying period for wrongful dismissal so it’s possible for an employee to bring a wrongful dismissal claim having only been employed for one day. We deal with wrongful dismissals often when a worker hasn’t been given the correct notice period at dismissal or their final pay is wrong. It’s easy to fall foul of wrongful dismissal for failing to follow procedure. An employee may be thoroughly guilty of a misdemeanour at work but if you fail to give him or her sufficient notice for a disciplinary hearing for example, you would have failed to follow procedure and so any subsequent dismissal would probably be classed as wrongful.

  • Constructive Dismissal occurs when an employee resigns from his or her position and subsequently brings a claim because they felt they were forced to resign due to some action or breach of contract by their employer. This may be because they felt poorly treated, such as a fundamental change to their contract being imposed. Cases of bullying also tend to end with constructive dismissal claims. Employers may wish to increase this notice period, particularly if the position is difficult to recruit for. This brings about its own problems however because the employer needs to balance the risk of recruiting the wrong person with the needs of the company in having an extended notice period.

As mentioned, some exceptions to these rules exist so we recommend that you contact us as early as possible if you are ever in doubt about an employee situation.

Call us on 01452 331331 or an e-mail This email address is being protected from spambots. You need JavaScript enabled to view it. for support with all you employee issues.

 

 

 

Read 156 times Last modified on Thursday, 21 June 2018 10:55

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