unfair dismissal

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Related to unfair dismissal: Wrongful dismissal

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
References in periodicals archive ?
However there are certain reasons that a tribunal can decide are automatically unfair, which means that a claim for unfair dismissal can be made even if the person has been employed for less than two years.
As this breach has occurred in your case unfair dismissal can be established and you will thereafter be entitled to compensation.
The UAE labour law, which governs the relationship between an employer and an employee, does not differentiate between arbitrary dismissal and unfair dismissal. The law states that "A worker may be deemed to have been arbitrarily dismissed if the cause for such termination has nothing to do with the work performed.
AYO responded to Mr Olanipekun's claim of unfair dismissal saying he had ceased to be an employee before the alleged dismissal.
Under the new system, workers face having to pay up to PS1,200 to take an unfair dismissal claim to tribunal, including minimum wage workers if a member of their household has savings of PS3,000.
However, with the exception of unfair dismissal claims, the new law is likely to be of little or no assistance to high-risk cases.
Mrs Hughes, from Llanfairpwll, claimed unfair dismissal and breach of contract against the school's governing body and Anglesey Council.
ACTU President Ged Kearney said the threat of costs being awarded for an unsuccessful claim would effectively prevent many low-paid workers from ever pursuing legitimate claims for unfair dismissal.
The tribunal will deliver its verdict on Mrs Charlotiaux's unfair dismissal case in February next year.
Washington, Nov 10 (ANI): Brad Pitt and Angelina Jolie are being sued by their former secretary for unfair dismissal.
THE qualifying period of employment for claiming unfair dismissal has been kicked around since the cause of action was first introduced in 1971.
Summary: The TUC is warning that workers' rights will be hit under plans to extend the qualifying period for protection against unfair dismissal.