Unfair Dismissal Article Index for
Unfair
 

Information About

Unfair Dismissal




Where the employee resigns or terminates his contract (without notice) due to some action on the part of the employer which is in breach of the contract, this is known as ''constructive dismissal''. Most employees have a right to complain of unfair dismissal to an 'employment tribunal'. Trade Union s may support employees' claims, and independent arbitration and conciliation services may be called upon.

Dismissal is normally fair only if the employer can show that it is for one of the following reasons:

# a reason related to the employee's conduct
# a reason related to the employee's capability or qualifications for the job
# because the employee was redundant
# because a statutory duty or restriction prohibited the employment being continued
# some other substantial reason of a kind which justifies the dismissal.

and that the employer acted reasonably in treating that reason as sufficient for dismissal.