In the UK, employees are granted specific protections against unfair dismissal, a fundamental aspect of employment law that is crucial for maintaining a fair workplace. This section aims to delve deeper into what constitutes unfair dismissal, how protective awards play a role, and what you, as an employee, can do if you find yourself in such a situation.
What Constitutes Unfair Dismissal?
Unfair dismissal occurs when an employer terminates an employee’s contract without a fair reason or fails to follow the company’s correct process for dismissal. Reasons for dismissal can range from conduct and capability to redundancy. However, the process must be fair and transparent. For instance, in cases of redundancy, there are strict procedures an employer must follow, including providing appropriate notice, consulting with employees, and offering suitable alternative employment where possible.
The Role of Protective Awards in Unfair Dismissal
Protective awards are specifically related to situations of collective redundancies. If an employer plans to make 20 or more employees redundant at one establishment within 90 days or less, they are legally required to consult with employee representatives. This is to discuss ways to avoid redundancies, reduce the number of employees affected, or mitigate the consequences. Failure to conduct this consultation can lead to a protective award. While not a direct response to individual unfair dismissals, protective awards represent a significant aspect of the legal framework protecting employees from unfair redundancy practices.
Challenging an Unfair Dismissal
If you believe you have been unfairly dismissed, the first step is usually to appeal internally within your company. If this does not resolve the issue, the next step is to consider a claim for unfair dismissal at an employment tribunal. Note that to claim unfair dismissal, you generally need to have been employed for at least two years by your employer. However, in cases of collective redundancies leading to protective awards, this length of service is not required.
Time Limits and Procedures
It’s crucial to act promptly. Claims for unfair dismissal must be made to an employment tribunal within three months less one day from the date of your dismissal. Before making a tribunal claim, you are required to contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation, a process designed to resolve disputes without going to a tribunal.
Legal Support and Advice
Navigating the complexities of unfair dismissal claims can be challenging. Seeking legal advice, such as from the experts at Imperium Law, can be invaluable. They can assist you in understanding your rights, the merits of your case, and guide you through the process, from early conciliation with ACAS to representing you at the employment tribunal if necessary.
Understanding your rights in cases of unfair dismissal is essential for every employee. The law is designed to protect you from unjust treatment and provide a means of redress if those protections are breached. With the right knowledge and legal support, you can effectively challenge unfair dismissals and seek the justice and compensation you deserve.