11 Fair reasons for dismissal
Employer can justify himself through following fair reasons
- Capability :If the employee is incompetent with knowledge, aptitude and skills that is required according to the job designation and if employee lacks physical and mental quality
- Qualification: if employee lacks technical knowledge or education that is necessary for job continuity.
- Misconduct : if employee shows some misconduct or illegal activity e.g. fraud or theft that is not allowable under Employment Law
- Redundancy : if the employer has no work to assign his employees there are two fair situations in redundancy
- If the employer has ceased to carry on business
- The requirement of employee for specific job or project has diminished
- If the employee has taken part in some unofficial industrial action e. g Strike
12 Unfair reasons for dismissal
There are some reasons that are considered as unfair and employees may justify themselves that they are dismissed unfairly by following reasons.
- Pregnancy and other materiality related issues
- If employee taking steps to avoid serious danger or risk
- If employee refused to accept Sunday working (public holiday)
- Trade union membership or activities
- If an employee seeking to defend the rights related with national minimum wage
12.1 Remedies available for unfair dismissal
If an employee claim for unfair dismissal within three months of dismissal and meet the criteria also then after successful claim employment tribunal may give following remedies.
- Re engagement
After successful claim employee may be reinstated means returned to his same job without any gap.
So there will be no loss suffered by the employee instead of mental disturbance during dismissal period.
In this case employee is employed again at new job but it is equal and comparable to the old one. In this case employee contracts again with new terms and conditions with employer.
If employment tribunal does not order for reinstatement or reengagement then tribunal may award following compensation
- Basic award
- Compensatory award
Dismissal of employees from their job by the employer when he has ceased to carry on business or we can say that business no longer needs employees to carry on that work. This type of dismissal is categorized into redundancy.
In case of redundancy employee may have right to claim for redundancy payment but only in case of genuine redundancy.
Case law: High Table Ltd v Horst and Others 1997
If employees are dismissed not due to redundancy but some other reason, then they cannot claim for redundancy payment
Case law: North Riding Garages v Butte wick 1967
13.1 Reasons of redundancy
There are following two circumstances in which employees may be redundant
- If the employer has ceased business or employer may have no funds to carry on business
- If the requirement of employee for specific job or project is completed now and employer have no other work to assign that employee.
13.2 Calculation of redundancy payment
Redundancy payment is equal to basic compensation of unfair dismissal
13.3 Exception to the right of redundancy payment
In following situations redundancy payment cannot be claimed
- If employee is dismissed at any other reason or misconduct
Case law: Sanders v Neale 1974
- If the employee does not fit in the definition of employee
- If they are not employed for continuous employment of two years
- Claim is made after six months of dismissal
- When employee leaves before actual redundancy takes place
- If employee refused an alternative employment