A term that denotes dismissal of employee by the employer without valid reasons, unfair dismissal has always been subject matter of hot debates. Not only the experts but the courts vary in their concept of such unfair dismissal. In legal terms it refers to termination of the employment in contravention to the employee’s rights prescribed under the law of the land. For instance; in England, Scotland and Welsh, such violation of law refers to contravening the provisions laid down in the Employment Rights Act 1996.
Such unfair dismissal is different from various other types of dismissals. Sometimes dismissal could be wrongful or lawful. Wrongful dismissal is the result of insufficient notice contravening the provisions of common law. Dismissal could be Actual with notice and intention or constructive resulting from fundamental breach. Dismissal could be unfair according to statute, and can be combination of discrimination, and wrongful as well as constructive dismissal.
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In most of the countries, the claims of unfair dismissal can be claimed before the employment tribunal specifically constituted for the purpose. Also such claims are brought within a period of three months from the final day of employment. In any case, such unfair dismissal is just opposite of fair dismissal.
Employees are required to bring up such claims before the tribunal themselves. In some countries they are allowed to deploy legal representatives. However, in some others they have to represent themselves. Of course in such countries the Trade Unions may support the employee. Under the federal laws, solicitors approved by the Ministry of Justice can represent employees in such cases.
Multiple reasons are there that could render the dismissal unfair. Some reasons requiring lay off and leave are applicable to all irrespective of their respective length of service. For instance; women can face pregnancy and consequential leave. At the same time they would require continuity in job. If they are dismissed on such grounds for prolonged absence, it will not only be unfair dismissal but also a crime against law, humanity, and ethics.
Only when the dismissal is for a potentially fair reason and has been implemented following fair procedure, and employer has acted reasonably, it would be considered fair dismissal. Such fair reasons could be misconduct, incapability to work except on health grounds, the job having been rendered redundant; employee is below age, violated laws, or some other substantial reasons. In all other cases, dismissal would be unfair.
Search engine that helps find the right site with all relevant information; jrank.org has an informative and educative law section that educates viewers on unfair dismissal as well as fair dismissal . It also has an excellent database of cases relating to dismissal.
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