What constitutes an unfair dismissal? Under English law, unfair dismissal is any form of dismissal without a legitimate reason. Unjustified dismissal is often caused by a breakdown in the relationship between employer and employee. Other reasons may include client demands, or other circumstances that are unreasonable. In determining whether dismissal is unreasonable, the employment tribunal will look at the code of practice for the industry.
An employer cannot apply different rules to different employees, although there are some exceptions to these rules. It is also important to remember that unfair dismissal does not occur in all cases, including those involving gross misconduct. If you are unsure whether you qualify for an unfair dismissal claim, get professional advice to make sure you are eligible. If you need advice on matters of dismissal, including a Constructive Dismissal Claim, visit https://www.employmentlawfriend.co.uk/constructive-dismissal
There are certain steps you can take to challenge the dismissal. You should first discuss the reasons for your dismissal with your employer. This is often the quickest and easiest way to resolve the matter. In addition to discussing your reasons for dismissal, it is also beneficial to read the ACAS code of practice, which outlines how employers must deal with any issues relating to employment. By following this code, you can ensure that your dismissal is handled properly.
You should first attempt to resolve the situation with your employer if your dismissal was a result of misconduct. If this is unsuccessful, you might be able to take further legal action against the company. It is also helpful to keep a diary of events and gather any evidence, including contact details of witnesses.
