I have extensive experience in dealing with unfair dismissal and wrongful dismissal claims. Early advice can avoid such claims and an Employer who dismisses an Employee without good reason or when they fail to apply a fair procedure, exposes itself to a claim for unfair dismissal. I can assist in the defence of a claim for unfair dismissal, and in order to successfully do so, an Employer must establish that the reason for the dismissal was fair. The decision to dismiss has to be within the range of reasonable responses and fair reasons are as follows:
- Capability or qualification
- In circumstances where the continuation of employment could contravene a statute or other enactment
- Some other substantial reason, eg where there is a personality clash between employees or where an employee unreasonably refuses to accept changes to terms and conditions of employment.
In circumstances where the Employer can prove it has a fair reason for dismissal, the dismissal will be fair.
Even when an Employer has a justifiable reason for dismissal, the dismissal will be unfair if the Employer has not followed the correct process. This could occur in circumstances where the Employer has not followed a proper consultation or selection process when dealing with a redundancy situation. Misconduct dismissals or dismissal due to performance should be conducted on the basis of an appropriate formula ie an internal disciplinary procedure. All appropriate steps should be followed in this context.
If the dismissal is held to be unfair, the Employer can be ordered to either, reinstate, re-engage or alternatively pay compensation to the former Employee.