Unfair Dismissal Compensation-Knowing the Basics

Unfair dismissal has two general aspects under the Employment Act (2008); either you got dismissed because of any reason that is unfair to your party or you were simply dismissed through unfair processes. But either way you can be entitled for unfair dismissal compensation.



For you to be legally protected against unfair dismissal, first you must be legally employed by the company for at least a year. The length of service is not required though if your employer dismissed you because of an "automatically unfair reason." The reasons covered here are those based on sex, race, disability discrimination, and others. And take note that there is usually a time limit; your claim for unfair dismissal compensation must be presented within three months after dismissal.



The following are legally "fair" grounds where employers based the actions to dismiss any employee. Not all cases are clear-cut however, and it’s best that you should seek legal advice if you strongly feel that you have been dismissed from work unfairly.



1. Redundancies. The requirement usually arises when certain areas of the business are closed down and the personnel for that area cannot be practically deployed to other areas. Employers follow procedures to make employee redundancy legal, and it includes selection processes with the particular employees or carrying out redundancy payment.



2. Conduct. If you committed theft or fraud, or especially breaching the terms stated in your employee contract, then you can be dismissed based on the grounds of conduct.



3. Capability. If you cannot perform your tasks due to inexperience or lack of qualifications, you can also be dismissed on this ground.



4. Statutory reason. If for example part of your job is driving and you unfortunately receive a driving ban, your employer can also dismiss you on this ground.



5. Any other substantial reason. This covers various motives for the dismissal using the keyword "substantial." The employer must be left with no other choice but to dismiss the employee.



In all these, the employer will have to follow a fair procedure. And even if he has a good and fair reason for dismissing an employee but does not follow the proper statutory procedure, then the dismissal will still be considered legally unfair and it will pave way for the claim. A fair procedure must be synonymous with reasonable actions by the employer followed by a set of disciplinary processes. A good number of these employers lost to unfair dismissal compensation claims just because they failed to follow the proper procedures.



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