From time to time most employers will take the decision to dismiss an employee. When a dismissal occurs an employer must be able to show that
- they have a valid reason for dismissal
- they have acted reasonably in the circumstances
- they have acted consistently
- they have investigated fully prior to taking action
What might be a fair reason to dismiss you?
Fair reasons include redundancy, being incapable of doing the job, ill-health, gross misconduct, when continuing to employ you would break the law or where there is 'some other substantial reason'.
However even if an employer gives a potentially fair reason, e.g. redundancy, it is still possible for the dismissal to be unfair.
You may be able to claim that you have been unfairly dismissed if your employer does not have a valid reason for dismissing you and has failed to follow the company's disciplinary procedure.
This occurs when you feel that your employer has forced you to leave your job. The reasons for leaving in these circumstances should be serious ones such as a breach of contract, or allowing discrimination to occur.
If you are contemplating leaving due to constructive dismissal, you should take advice as swiftly as possible since the timing in these cases can have a significant impact on your case.
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