An employee is dismissed when their employer terminates their contract. If an employee feels they have been unfairly dismissed they have the right to complain to an employment tribunal.
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In certain circumstances an employee may resign because their employer has broken a significant term of their employment contract. This is known as constructive dismissal.
Unfair Dismissal Legal Advice
Dismissal is normally fair only if an employer can show that it is for one of the following reasons:
- a reason related to the employee’s conduct
- a reason related to the employee’s capability or qualifications for the job
- because the role of the employee had become redundant
- because a statutory duty or restriction prohibited the employment continuing
- some other substantial reason of a kind which justifies the dismissal
As well as the dismissal falling into one of these categories, the employer must also show that they acted reasonably in the manner of the dismissal. This often relates to the disciplinary process used by the employer, and in many cases employers who had a fair reason for dismissal are found to have acted unfairly on procedural grounds.
In most circumstances an employee must have at least one year's continuous service before he or she can make a complaint to an employment tribunal. However, if the employee believes he has been discriminated against, or has been dismissed due to maternity, there is no such requirement.
A complaint of unfair dismissal must be received by an employment tribunal within three months of the effective date of termination of the employment (usually the date of leaving the job) unless the tribunal considers this was not reasonably practicable.
We provide specialist employment law advice. We have considerable experience in acting for both employers and employees in employment tribunals held in Glasgow and elsewhere.
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