Understanding The 5 Ways to be Fairly Dismissed and How You Can Avoid Them | There are over 13,000 cases of unfair dismissal reported every year with countless more going unreported. It’s a situation that most people hope never to find themselves in. But, if you are unfairly dismissed you’ll need to seek professional help from an unfair dismissal lawyer to make sure you get what you deserve, this will help you to move on and recover from unfair dismissal.
Of course, it can help to understand the five ways you can be fairly dismissed. Knowing what they are means that you can’t be dismissed fairly and the only option is unfair, which at least gives you some recompense.
- Ability To Do The Job
One way in which you can be dismissed is to be incapable of doing the job that the company has hired you for. Of course, this is after you have received any necessary training. In addition, you will need to be summoned to several meetings to confirm the issues with your performance and how you need to improve.
The easiest way to make sure you are not dismissed via this route is to listen to the issues and make sure you comply with what they are asking. It’s impossible to dismiss you if you have improved as requested.
#1 Attendance or Punctuality Issues
Another fair reason for dismissal is when you are constantly late or don’t turn up. It’s not surprising that this will lead to dismissal. However, again the employer cannot simply dismiss you! They must invite you to meetings to discuss the issue, set a timescale to see improvement, and then repeat the process if you haven’t improved.
All you have to do is turn up on time to make this approach impossible.
Redundancy is harder to avoid. It is only a fair dismissal if the company no longer needs the position you currently do. This position cannot then be given to someone else.
When an entire section of a business is no longer viable or is being automated mass redundancies can occur. You often can avoid these but if you are a dedicated worker they are likely to offer you an alternative role.
Misconduct covers an array of issues from fighting in the workplace to undertaking bad behaviour out of the workplace that reflects negatively on the business. Of course, the employer will need to prove this is the case and, unless it is a serious breach of ethics then they will need to warn you and give you the opportunity to make things right before they can dismiss you.
- Breach Of Contract
If you breach your contract with the company then they have the right to dismiss you. This means you need to read your contract to ensure you know what is expected of you and what is permissible. That will make it a lot more difficult for you to breach the contract and be dismissed.
Of course, you can also be dismissed for gross misconduct, this is the only one that allows immediate termination and covers fraud, theft, and other serious offenses against the business.