Employment Lawyers Can Answer Your Employment Law Questions
It has not happened yet, but is a distinct possiblity. There have been no spoken or written warnings, no appraisals, and no review of work practices.
Hi, if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
So it is not legally possible for an employer to dismiss an employee with more than 2 years’ service for no apparent reason or without following a fair procedure. If that happens then it is very likely that the dismissal would be unfair and the affected employee can make a claim for unfair dismissal in the employment tribunal, something which must be done within 3 months of the dismissal taking place.
Hope this clarifies your position? If you could please let me know that would be great, thank you
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