What are the grounds for unfair dismissal?
Automatically unfair reasons
- being pregnant or on maternity leave.
- wanting to take family leave, for example parental, paternity or adoption leave.
- being a trade union member or representative.
- asking for a legal right, for example to be paid the National Minimum Wage.
- doing jury service.
- being involved in whistleblowing.
Can you be dismissed for conduct?
You can dismiss an employee if: they’re incapable of doing their job to the required standard.
What is an example of unfair dismissal?
incapacity (the worker does not do the job properly, or the worker is unable to do the job due to illness or disability) retrenchment or redundancy (the employer is cutting down on staff or restructuring the work and work of a particular kind has changed)
What are the 5 fair reasons for dismissal?
The 5 fair reasons for dismissal
- Conduct or misconduct. In this case, an employee is being dismissed due to a reason related to their conduct.
- Capability or performance.
- Redundancy.
- Statutory illegality or breach of a statutory restriction.
- Some other substantial reason.
What happens in the case of conduct dismissal?
The employer must thoroughly investigate the incident and allow the employee to explain their perspective before deciding to dismiss them. In case, however, the employer proceeds with the dismissal without conducting a fair investigation, the employee may cite unfair dismissal and file for an employment tribunal claim.
Is the ACAS Code for automatically unfair dismissal?
The Tribunal considered it unjust that the ACAS Code is drafted in a way which appears not to apply to an automatically unfair dismissal such as this.
What is the Code of good practice for dismissal?
THE CODE OF GOOD PRACTICE: DISMISSAL SCHEDULE 8 – LABOUR RELATIONS ACT. 1 Introduction (1) This code of good practice deals with some of the key aspects of dismissals for reasons related to conduct and capacity. It is intentionally general. Each case is unique, and departures from the norms established by this Code may be justified in proper
How to find out if you are eligible for unfair dismissal?
To find out if you are eligible to apply, take our Unfair dismissal eligibility quiz. The Fair Work Act 2009 defines a small business as a business with fewer than 15 employees. This is calculated on a simple headcount of all full-time, part-time and regular casual employees.
