Sentences with phrase «unfair dismissal if»

If you have worked for your employer for at least two years, you may be able to claim unfair dismissal if your employer does not have reasonable grounds to dismiss you or fails to follow a fair disciplinary procedure.

Regardless of putting a label on whether a dismissal is based on capability or conduct or some other reason, an employer will generally avoid a finding of unfair dismissal if the decision to dismiss is within a range of reasonable responses which is the legal test.

As the results are inadmissible in a court, I think there would be reasonable grounds to claim unfair dismissal if she were sacked because of the test's results.

For instance, if an employee has whistle - blown, they may be able to claim automatic unfair dismissal if they have been working for the employer for less that two years.

the right of all pregnant women to claim discrimination and unfair dismissal if dismissed because of pregnancy or maternity leave;

a claim of unfair dismissal if, for example, the employee is dismissed for absence due to a mental health condition; and

Not exact matches

«The laws will also give the AIRC power to dismiss an unfair dismissal claim without a hearing if the Commission finds that it is frivolous, vexatious or lacking in substance.»

«Another important aspect of the new laws is that employees in corporations of any size will not be able to bring an unfair dismissal claim if the employer can show that their employment was terminated because of what the Bill describes as «genuine operational reasons»» «The genuine operational reasons provision is very broadly drafted and includes economic, technological or structural reasons» said Mr Drake - Brockman «This would allow an employer to successfully counteract an unfair dismissal claim in nearly all situations which result in a genuine redundancy».

If teachers believe test questions are unfair or inappropriate, they should be able to say so without fear of dismissal or losing their teaching license.»

Constructive unfair and / or wrongful dismissal would be if the school's failure to protect the teacher from abuse amounts to a fundamental breach of contract and the teacher resigns in response.

To do so could provide an employee with a strong argument that they have been disciplined by virtue of suspension, entitling them to resign and claim constructive unfair dismissal (if they have more than 2 years» service of course), before any disciplinary action has even been considered.»

If the employee qualifies to being a claim for unfair dismissal, dismissal must be for one of the five fair reasons.

These include for example, the right to claim unfair dismissal, to receive statutory sick pay maternity, paternity and parental rights; to be paid the national living or minimum wage depending if they are aged 25 or more; to have working time rights such as not to be forced to work more than 48 hours per week, regular rest breaks and night working health and safety standards; to receive a statement of terms and conditions of employment.

If more influence is to be placed on the views of individual tribunals it will be necessary for a new cadre of experienced lay members to be introduced and for all unfair dismissal cases to be heard by a full panel.

In deciding whether or not the dismissal was unfair, the employment tribunal therefore based their decision upon whether or not the decision to dismiss would still have been fair even if only a written warning instead of a final written warning had been imposed previously.

If they have the necessary two years» service to claim unfair dismissal, the employer must take care to behave reasonably when deciding that the contract should not be renewed.

Regs 4 and 7, which provide that a transfer does not terminate employment and makes a dismissal unfair if the reason was the transfer, do not apply to bankruptcy proceedings, nor do they apply to compulsory liquidation as such proceedings are analogous to bankruptcy proceedings.

In fact, if you are dismissed in these circumstances, your dismissal could be deemed to be automatically unfair.

However, if you are only able to bring a claim for unfair dismissal, the amount of compensation that you are entitled to can't be more than one year's salary or # 83,682.

If the employer does not carry out procedures correctly, then the employee may be able to claim for unfair dismissal.

The dismissal will still be unfair, but both your «basic» award» and your compensatory award may be reduced if you contributed towards your own dismissal.

If you are dismissed in circumstances that the business that you work for is being acquired and / or the overall provider of a service is being changed, you might have a claim for unfair dismissal.

This means that you might be able to bring a claim for unfair dismissal, even if you have not worked for your employer for the two - year continuous period that you normally need to have worked for to claim unfair dismissal.

Self - employed people have no employment rights whereas employed or worker status gives individuals employment rights such as the national minimum wage and holiday pay and if employed for two years or more, unfair dismissal rights.

However, it should be noted that even where an employee receives a severance amount in excess of what is required by the Code, they can still file a complaint under the Code if they feel the reasons for the dismissal or its terms were unfair.

For example, in cases for unfair dismissal this would be within three months of the date that they first found out that they had been dismissed or their last working day if dismissed with notice.

It is thus not possible to seek to rely upon matters contained within without prejudice communications unless one of those exceptions applies, and it follows that if an exception does not apply, a party can not rely on the existence or content of without prejudice communications to found a «last straw» for constructive unfair dismissal purposes: Brodie v Ward (t / a First Steps Nursery)[2008] All ER (D) 115 (Feb).

If an employee is sacked and worked for the employer for long enough, you should make and unfair dismissal claim in the employment tribunal.

Or potentially, unfair dismissal, if they have been working for longer than two years.

If your dismissal was unfair because of a problem with the process the employer followed when it dismissed you, the Employment Tribunal may decide to reduce your compensatory award if it decides that you would have been dismissed anyway, even without the problem with the procedurIf your dismissal was unfair because of a problem with the process the employer followed when it dismissed you, the Employment Tribunal may decide to reduce your compensatory award if it decides that you would have been dismissed anyway, even without the problem with the procedurif it decides that you would have been dismissed anyway, even without the problem with the procedure.

If an unfair dismissal claim has been made against you then we will advise you on prospects, financial exposure and strategy as well as representing you before the Employment Tribunal, if requireIf an unfair dismissal claim has been made against you then we will advise you on prospects, financial exposure and strategy as well as representing you before the Employment Tribunal, if requireif required.

If you believe that your dismissal is unfair then our team of employment lawyers based in Edinburgh and Glasgow can help.

If you are an employee you can get advice on redundancy and unfair or wrongful dismissal.

Damages resulting from the manner of dismissal must then be available only if the employer has engaged in conduct during the course of dismissal that is «unfair or is in bad faith by being, for example, untruthful, misleading or unduly insensitive».3

Moral damages will not be awarded to compensate a dismissed employee for mental distress suffered as a result the dismissal itself, even if the decision to dismiss the employee was unfair.

In other words, if the employer has an exclusivity clause in the contract, and then dismisses an employee for breaching that clause, that dismissal will be automatically unfair.

For the purposes of unfair dismissal and redundancy payments, an employee becomes redundant in his current position if the...

Any dismissal of a zero hours employee will be automatically unfair if the principal reason is that the employee breached a contractual provision prohibiting him or her from working for another employer.

Thus, if the employee brings a claim for unfair dismissal, he will automatically succeed and will be entitled to financial compensation.

If it looks like you can make a claim for unfair dismissal we'll discuss the outcome you'd like to achieve with you, whether its getting your job back or compensation.

For instance, if the employee is subjected to humiliation, embarrassment, harassment or any other unfair treatment throughout the dismissal, they may be entitled to compensation.

Employees who are on zero hours contracts will now be able to claim unfair dismissal (irrespective of their length of service) if the principal reason for their dismissal is that they have worked elsewhere.

If you believe you are a victim of unfair dismissal then you'll need to take legal advice quickly, before it's too late.

Failing to comply with fair or adequate procedure can result in a finding of unfair dismissal even if the underlying reason for dismissal was fair.

When the statutory procedures were abolished, one loss to the claimant was the further extension of the statutory time limits by three months if an internal procedure was still being pursued when the initial time limit, eg three months for unfair dismissal, ran out.

If you are dismissed from your job «unfairly» (for instance, your employer may not have selected fairly for redundancy, or your job may not actually have been redundant) you could take your employer to the Employment Tribunal for Unfair Dismissal.

Even if your employer does not approve of you making a claim, your job and your treatment at work are both protected by UK employment law and few employers are willing to risk a further claim against them for unfair treatment or dismissal.

No damages were awarded for this breach, however, because the judge held that according to the House of Lords ruling in Johnson v Unisys [2001] ICR 480, [2001] All ER (D) 274 (Mar) if the loss was caused by the dismissal, any claim was the sole prerogative of the law of unfair dismissal and not the common law.

[57] Damages resulting from the manner of dismissal must then be available only if they result from the circumstances described in Wallace, namely where the employer engages in conduct during the course of dismissal that is «unfair or is in bad faith by being, for example, untruthful, misleading or unduly insensitive» (para. 98).

LJ Mummery considered that the issue to be determined is whether the Serco principles on the limits to the territorial reach of the unfair dismissal provisions applied to the 2002 Regulations and if so, whether Duncombe's case is unusual enough for his right to claim an indefinite contract and unfair dismissal is unaffected by the fact that he worked outside Great Britain throughout the duration of the contract.