Unfair dismissal is a scenario whereby an employee is relieved of employment for reasons that are not deemed to be valid or fair; but what are those reasons and what circumstances can make you eligible for a claim?
First of all, to qualify for compensation an employee must have been at the business in question for at least one year. They must also be either under the age of normal retirement for the company or under the age of 65. The claim must also be brought forward within three months of the incident.
There are several scenarios that make a dismissal ‘automatically unfair’ especially when involving employment rights such as:
- Pregnancy and all reasons relating to maternity
- Family reasons including parental or adoption leave and time off for dependents
- Membership of a Trade Union
- Pay and working hours, working time regulations, annual leave and national minimum wage
- Part time/fixed-term employees
- They can also not be dismissed due to their sex, gender, race or for a disability
If an employee feels they have been unfairly dismissed and that they meet the above criteria then they can take their case to a tribunal in an attempt to claim a settlement or damages. If you believe that you have been unfairly dismissed the first thing you should do is seek advice from a professional who can discuss your options and help support you in your claim.
You can click here to read more about Employment law.
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