Fair and Unfair reasons for dismissal

With the topical disciplinary issues surrounding both Hugh Dallas and Andy Gray, it is perhaps a good time to look at fair dismissals, illness and unfair dismissals.

FAIR DISMISSALS

These issues relate to both your conduct in the workplace and your ability to do your job.

- continually missing work
- poor discipline
- drug or alcohol abuse
- theft or dishonesty
- you haven't been able to keep up with technological changes to your job (eg introduction of ICT systems)
- you can't get along with your colleagues
- long-term or persistent illness makes it impossible for you to do your job

ILLNESS

There are also some issues surrounding being ill or unwell. Employers have decisions to make when it comes to:

- how long it will take you to recover
- how certain it is that you will recover (with some illnesses, like broken bones, it is clear how - long it will take but with something like stress it can be uncertain)
- how easy it is to get cover for your job
- whether your job can be kept open

UNFAIR DISMISSAL

Here are grounds for unfair dismissal:

- your employer does not have a fair reason for dismissing you (eg if there was nothing wrong with your job performance)
- your employer did not follow the correct process when dismissing you (eg if the have not followed their company dismissal processes)
- you were dismissed for an automatically unfair reason (eg because you wanted to take maternity leave)

EMPLOYEE'S ENTITLEMENTS

- a written statement of employment particulars
- an itemised pay statement
- a minimum notice period
- maternity, paternity or adoption leave
- time off for antenatal care
- parental leave
- time off for dependants
- the right to request flexible working arrangements
- not to be discriminated against because of your gender, race, disability, religion or belief, sexual orientation or age
- guaranteed pay when work is not available for you
- time off for public duties (eg jury service)
- protection against unlawful deductions from wages
- remuneration during suspension on medical grounds


Source: www.direct.gov.uk
- refusing to do shop or betting work on a Sunday
- making a public interest disclosure or ‘blowing the whistle’