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  • Actual for You - Unfair Dismissal – When Can You Be Fired Fairly?

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    eeps to these legal requirements you most probably aren’t being unfairly dismissed. These rights involve being consulted, making sure there are no other suitable vacancies and ensuring that the selection process for redundancy is fair and transparent. For more information on redundancy and your legal rights visit Armchair Advice.

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    Unfair dismissal happens when an employer dismisses their employee but in doing so breaks their legal rights. The employer can do this either by dismissing them for the wrong reasons or by not following the correct procedure; but fortunately there are laws to protect those who have been unfairly dismissed. If an Employment Tribunal finds that someone was dismissed unfairly they will receive compensation.

    However before considering an unfair dismissal tribunal it’s important to understand when an employer can fire someone fairly. It’s never nice to get the sack but you do need to make sure that you are in the right in the eyes of the law before pursuing legal action with an Employment Tribunal. Here are five reasons when a boss may be within their rights to lay someone off.

    Incapacity – This is one of the most common reasons for a dismissal, if an employer believes that you are incapable of doing your job despite suitable training and support they are within their rights to terminate your contract. Normally these cases occur when someone is incompetent in their job. However, to do this your boss would need to make the employee aware of their unhappiness with your ability to do your job and given you a reasonable amount of time to rectify the situation & improve performance.

    Misconduct – for someone to fire you for misconduct normally you would have to have received previous warnings from your employer. Typically each company has its own process which should be explained thoroughly in your contract. You should be given a chance to tell your side of the story and make sure that the company would treat everyone the same. Your employer might be able to forego the warnings if they believe you to have committed gross misconduct; these types of offences have to be very serious to dismiss someone without a prior warning.

    Sickness – whilst it is possible to get laid off for sickness the process is quite complicated. It all depends on how long you have been working for the company, how much they are able to cope in your absence and how long you are likely to remain unable to work. The disability discrimination act gives workers rights in these type situations where there are long term health issues involved. However persistent, short term and unreported sickness can be legal justification for firing someone.

    Redundancy – If you are being made redundant you have many legal rights, if your employer keeps to these legal requirements you most probably aren’t being unfairly dismissed. These rights involve being consulted, making sure there are no other suitable vacancies and ensuring that the selection process for redundancy is fair and transparent. For more information on redundancy and your legal rights visit Armchair Advice.

    Contravention of Legal Duty – if you are being dismissed for contravention of legal duty you will probably have lost a license or qualification to do a job. A common example of this would be if you lost your driving license, but loss of professional qualifications such as a do

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    he eyes of the law before pursuing legal action with an Employment Tribunal. Here are five reasons when a boss may be within their rights to lay someone off.

    Incapacity – This is one of the most common reasons for a dismissal, if an employer believes that you are incapable of doing your job despite suitable training and support they are within their rights to terminate your contract. Normally these cases occur when someone is incompetent in their job. However, to do this your boss would need to make the employee aware of their unhappiness with your ability to do your job and given you a reasonable amount of time to rectify the situation & improve performance.

    Misconduct – for someone to fire you for misconduct normally you would have to have received previous warnings from your employer. Typically each company has its own process which should be explained thoroughly in your contract. You should be given a chance to tell your side of the story and make sure that the company would treat everyone the same. Your employer might be able to forego the warnings if they believe you to have committed gross misconduct; these types of offences have to be very serious to dismiss someone without a prior warning.

    Sickness – whilst it is possible to get laid off for sickness the process is quite complicated. It all depends on how long you have been working for the company, how much they are able to cope in your absence and how long you are likely to remain unable to work. The disability discrimination act gives workers rights in these type situations where there are long term health issues involved. However persistent, short term and unreported sickness can be legal justification for firing someone.

    Redundancy – If you are being made redundant you have many legal rights, if your employer keeps to these legal requirements you most probably aren’t being unfairly dismissed. These rights involve being consulted, making sure there are no other suitable vacancies and ensuring that the selection process for redundancy is fair and transparent. For more information on redundancy and your legal rights visit Armchair Advice.

    Contravention of Legal Duty – if you are being dismissed for contravention of legal duty you will probably have lost a license or qualification to do a job. A common example of this would be if you lost your driving license, but loss of professional qualifications such as a d

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    Misconduct – for someone to fire you for misconduct normally you would have to have received previous warnings from your employer. Typically each company has its own process which should be explained thoroughly in your contract. You should be given a chance to tell your side of the story and make sure that the company would treat everyone the same. Your employer might be able to forego the warnings if they believe you to have committed gross misconduct; these types of offences have to be very serious to dismiss someone without a prior warning.

    Sickness – whilst it is possible to get laid off for sickness the process is quite complicated. It all depends on how long you have been working for the company, how much they are able to cope in your absence and how long you are likely to remain unable to work. The disability discrimination act gives workers rights in these type situations where there are long term health issues involved. However persistent, short term and unreported sickness can be legal justification for firing someone.

    Redundancy – If you are being made redundant you have many legal rights, if your employer keeps to these legal requirements you most probably aren’t being unfairly dismissed. These rights involve being consulted, making sure there are no other suitable vacancies and ensuring that the selection process for redundancy is fair and transparent. For more information on redundancy and your legal rights visit Armchair Advice.

    Contravention of Legal Duty – if you are being dismissed for contravention of legal duty you will probably have lost a license or qualification to do a job. A common example of this would be if you lost your driving license, but loss of professional qualifications such as a d

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    /p>

    Sickness – whilst it is possible to get laid off for sickness the process is quite complicated. It all depends on how long you have been working for the company, how much they are able to cope in your absence and how long you are likely to remain unable to work. The disability discrimination act gives workers rights in these type situations where there are long term health issues involved. However persistent, short term and unreported sickness can be legal justification for firing someone.

    Redundancy – If you are being made redundant you have many legal rights, if your employer keeps to these legal requirements you most probably aren’t being unfairly dismissed. These rights involve being consulted, making sure there are no other suitable vacancies and ensuring that the selection process for redundancy is fair and transparent. For more information on redundancy and your legal rights visit Armchair Advice.

    Contravention of Legal Duty – if you are being dismissed for contravention of legal duty you will probably have lost a license or qualification to do a job. A common example of this would be if you lost your driving license, but loss of professional qualifications such as a d

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    eeps to these legal requirements you most probably aren’t being unfairly dismissed. These rights involve being consulted, making sure there are no other suitable vacancies and ensuring that the selection process for redundancy is fair and transparent. For more information on redundancy and your legal rights visit Armchair Advice.

    Contravention of Legal Duty – if you are being dismissed for contravention of legal duty you will probably have lost a license or qualification to do a job. A common example of this would be if you lost your driving license, but loss of professional qualifications such as a doctor or solicitors’ credentials could also give your employer reason to dismiss you.

    By making yourself aware of when dismissal in the work place can be fair, it can give an employee a much better understanding as to whether they may have a case for unfair dismissal.

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