A Complete Simple Summary In Regard To » Employment Law Verbal Warnings And Similar Research
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UK EMPLOYMENT LAW: Is it possible to be dismissed for a"variety" of reasons?
ie lets say you'd had warnings for lateness, making mistakes on the job, other misconduct etc but no gross misconduct and you hadn't actually been given a final warning, neither were you on probation.
Would it be possible for your employer to say "we're letting you go for a variety of reasons" or would every act of misconduct (the lateness, the mistakes) have to have its own disciplinary procedure, with verbal, written and final warnings etc?
Informed and knowledgeable answers please . . .
My husband was dismissed after an accident on Monday, his manager told him that it was for a variety of reasons - he has been with the Company for 2 years and has not had a final warning for any of these "reasons". His manager then called him back and said that he was suspending him on full pay instead. We have no idea whats happening, but it seems that the Company has not followed the correct disciplinary procedure . .
Under the Employment Rights Act, if an employee pursues a claim for unfair dismissal the employer must establish the dismissal is fair based on one of the following reasons:
1.)A reason related to the employee's conduct (e.g., abusive behaviour, theft, bribery, sharing confidential information, tardiness, intoxication at work, etc)
2.)A reason related to the employee's capability or lack of qualifications
3.)Retirement of the employee (i.e., at age 65 or the organisation's normal retirement age)
4.)Redundancy
5.)A legal requirement prevents the employment continuing (e.g., the employee is employed as a driver but no longer holds a driving license)
If the reason the employee was dismissed does not fall within one of these five categories, it can still be a fair dismissal, provided there was some other "substantial reason of a kind such as to justify the dismissal of [the] employee holding the position which that employee held."
This might include an employee dressing or acting inappropriately at work, or acting in a manner outside of work hours that affects their performance at work.
In all circumstances, the employer must act reasonably in treating the reason as a sufficient ground for dismissing the employee. Tribunals will judge each case on its merits.
UNFAIR DISMISSAL
Dismissal can be unfair for a variety of reasons, i.e.:
The employer lacks a fair reason for dismissing the employee (e.g., there was nothing wrong with the employee's job performance)
The employer fails to follow the correct dismissal process
The employer dismisses the employee for an automatically unfair reason
** Additional Information & Advice **
You can obtain further information about unfair dismissal on FindLaw.
Depending on your circumstances, however, you may want to speak with a solicitor who specialises in employment law. You can be matched with an employment law solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action and whether you are ready to hire a solicitor.
And, again depending on your situation, they may be able to help you find a solicitor who will agree to take your case on a "no win no fee" basis, which means you don't have to pay for the solicitor's services unless you win your case.
By-Law Enforcement Officer - Working in Canada