How to Tell if Your Dismissal is Fair
Being dismissed from your job at work is not only inconvenient but it’s also extremely anxiety-provoking. With the rising cost of living, we’re all trying to find ways to earn more and spend less. Losing a job only exacerbates your money worries and may lead to financial difficulties. While there are many fair reasons why an employer might dismiss you from your role, there are also several unfair or wrongful reasons. Knowing whether your dismissal is fair or not is important so that you know whether or not to take further action. In the case of unfair dismissal, you may need to take legal action against your employer. For this, you’ll need to hire a wrongful termination lawyer who knows the wrongful termination laws. They can help you get your job back or get compensation for the unfair dismissal. In this article, we’re going to cover the fair and unfair reasons for dismissal from the workplace so you know what steps to take if your employer has recently ended your employment contract.
What Counts as Fair Dismissal?
A fair dismissal should be easy to spot. Usually, as an employee, you will know if you’ve done something wrong or if you’re on a temporary contract that is due to expire. In a fair dismissal, your employer will offer a formal hearing. At your hearing, you will be given an opportunity to provide your side of the story and potentially win your job back. If any of the following situations applies to you, your dismissal might be fair and reasonable:
- Misconduct or gross misconduct – this may involve bullying, ongoing unexplained absences from work, stealing from the workplace, or violence toward other employees.
- Redundancy – if the business is closing down or your role is no longer required, your employer may let you go.
- Statutory illegality – rarely, continuing your employment could cause your employer to break the law, meaning they have a legal right to dismiss you. This may be the case if they find out that you don’t have a right to work in the country.
What is Classed as Unfair Dismissal?
Unfair dismissal is sometimes called wrongful termination. This occurs when your employer fires you from your role without a justified reason. If you feel that your dismissal was unfair, you have the right to make a claim against them in court alongside a great lawyer.
The following situations are wrongful reasons for dismissal:
- Discrimination – if your employer is dismissing you based on their prejudices against your protected characteristics (such as age, gender, race, religion, or ethnicity), this is illegal.
- Disability – your employer is not legally allowed to dismiss you from your role because of a pre-existing or new disability. Instead, they should make the necessary changes to meet your needs.
- Pregnancy – should your employer fire you because of your pregnancy or maternity leave, you can refute their dismissal. It is illegal to dismiss an employee based on pregnancy.