A Limited Conclusion With Regards To » Uk Employment Law Constructive Dismissal
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Unfair Dismissal at your workplace because of Racial and Sexual Harassment!
Unfair dismissal at ones workplace is termination of employment without a warning or citing of constructive reasons. Employees find complaining about unfair dismissal a bit too difficult since most HR laws state that the employee needs to complete atleast one year within the organisation. And if the employee has not, which usually is the case, and then he/she is left in the lurch without a job. Unfair dismissals usually occur in cases of sexual harassment or racial discrimination against the employee.
Every employee is entitled to equal employment opportunities, disregarding the basis of his race, religion or gender. However it generally is seen that some employers dismiss their employees citing reasons that are unreasonable and in most cases untrue. The true undisclosed reason could be because the employee belongs to a different race or the employee has not succumbed to sexual advancements made by the employer or an employee favoured by the employer. It is a complex issue since employees are never told of the reason they are asked to leave their jobs. Every employee has the right to know of the valid reason for dismissal and if not done so can make a claim in the Employment Tribunal as stated in the Employment Laws. Again the drawback is the employee should have completed atleast a year in the organisation to make a dismissal claim.
If you are being sexually harassed at your workplace, it definitely is against your will and wish. In these situations it is imperative that you blow the whistle on such acts before your employer even thinks of dismissing you. You do not want to be sacked because you disapprove of sexual harassment and you don’t want to sit on it, especially when you can nip it at the bud. Sexual harassment could be when there is unnecessary conduct that relates to the gender you belong to. Sexual harassment hampers the employee’s dignity and creates an environment that is hostile and degrading to work in. You can also be a victim of sexual harassment if your employee favours your colleague over you just because you are of the opposite sex. There are also a few cases where a woman finds her job being given to someone else after she’s back from her maternity leave. Or the lady employee is asked to leave primarily because she is pregnant, while cleverly there are different reasons that are given for her termination.
Being dismissed from your work place just because you are of a different color, race or creed, without giving proper reasons as to why you have been removed from your work place is termed as unfair dismissal on the basis of racial discrimination. Existing employees face discrimination when their jobs or responsibilities are given off to someone more favourable with the employer or are of the opposite sex. Most of the times, applicants are not hired because of the different race or color they belong to. Most common is the fact that they are underemployed and underpaid and the right employment facilities are not given to them.
The UK has laws in this case to protect employees in the form of The Sex and Discrimination Act (1975 STA) that mentions, that is not law biding if a man or a women, married or unmarried is unfairly dismissed or discriminated.
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It is possible that you could be a victim of racial discrimination and sexual harassment at work which could lead to unfair dismissal. Why wait to be sacked? You need to know the employment law and blow the whistle!
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