unfair dismissal

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Unfair Dismissal

1. In British law, the termination of an employee without proper procedure. In general, an employer must give warnings, discipline an employee in other ways, offer alternative duties, and/or allow the employee to have counsel present at any disciplinary hearing. Specific requirements are complex, but an employer must usually give the employee a chance to defend himself/herself. If the employer unfairly dismisses an employee, a tribunal may order reinstatement, compensation or assistance in finding a new job.

2. More broadly, any termination in violation of the law or an employee's employment contract.
Farlex Financial Dictionary. © 2012 Farlex, Inc. All Rights Reserved

unfair dismissal

the unfair termination of a person's employment by the employer. Dismissal can be held to be unfair if the employer cannot show a ‘fair’ reason and acted ‘unreasonably’ in taking the decision to dismiss. A fair reason is one where for some reason the employee is not able to carry out satisfactorily the duties associated with the employment or where the job is no longer needed because of REDUNDANCY. For instance, it would probably be considered fair to dismiss a chauffeur who had been disqualified from driving but unfair to dismiss someone on the grounds of personal dislike. To have acted reasonably the employer should have clearly informed the employee of the grounds for dismissal and given the employee the opportunity to put a personal point of view.

Constructive dismissal is where an employee feels forced to leave because the employer acts unlawfully, unfairly or otherwise breaches the CONTRACT OF EMPLOYMENT. A female employee who is subject to sexual harassment by her manager and who feels forced to leave her job as a result could possibly claim that she had been constructively dismissed.

An individual who believes the dismissal to be unfair may pursue a claim for reinstatement or compensation at an EMPLOYMENT TRIBUNAL. In determining whether dismissal is fair, tribunals draw on case law and an ADVISORY, CONCILIATION AND ARBITRATION SERVICE code of practice on DISCIPLINARY PROCEDURES. A very small minority of those who take unfair dismissal claims to tribunal actually achieve reinstatement. The number of claims taken to tribunal has increased in recent years and policy makers have sought ways of limiting this growth. For instance, claimants have to pay a deposit, and CONCILIATION prior to a formal hearing is strongly encouraged. See EMPLOYMENT APPEALS TRIBUNAL.

Collins Dictionary of Business, 3rd ed. © 2002, 2005 C Pass, B Lowes, A Pendleton, L Chadwick, D O’Reilly and M Afferson

unfair dismissal

the termination of a person's employment for reasons other than the person's inability to carry out the work tasks specified in his or her contract of employment. Unfair dismissal could be on the grounds of personal dislike or refusal to join a trade union. See EMPLOYMENT ACTS 1982 and 1990.
Collins Dictionary of Economics, 4th ed. © C. Pass, B. Lowes, L. Davies 2005
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The fees are to be introduced at a rate based on the type of claim being brought, such as unfair dismissal or discrimination, with a fee payable before the claim is issued and a further fee payable if the claim goes to hearing.
"I think changing the rule on unfair dismissal is right, and there are other things that could be done that would result in greater deregulation.
The right to claim for unfair dismissal was designed to protect the workforce and we are fully supportive of that offer the right level of protection.
Part of those objections was based on the reliability of evidence used to justify exemption of small-medium firms, those with 100 or less employees, from unfair dismissal legislation.
This paper reviews part of the existing literature regarding the case for an unfair dismissal exemption.
Then, a summary of the arguments supporting/opposing an unfair dismissal exemption, as discussed in the literature, is presented.
Exemption of small business from the federal 'unfair dismissal' laws has been on the Coalition Government's agenda since 1996 and with control of the Senate in July 2005 it is anticipated its reforms will be implemented in October.
The objective of this paper is simple: to evaluate the federal government's justification for the exemption of small and medium businesses from the operation of unfair dismissal legislation in the light of recent research studies.
The leaked document, dated October 12, said the first major issue for British enterprise was the "terrible impact of the current unfair dismissal rules on the efficiency and hence competitiveness of our businesses, and on the effectiveness and cost of our public services".
He said that there was nothing in European law that would prevent the Government abandoning unfair dismissal laws.
Some extremely large payouts stood out including one race discrimination claim which resulted in a record sum of pounds 500,000 and a breach of contract and an unfair dismissal case leading to a pounds 300,000 award.
Mr Hopkins said: "Previously a two-year period had to be served before an unfair dismissal claim could be brought.