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If your employer has dismissed you, they must show they have:
In your case, if you are no longer suitable for the role, then your employer has a fair reason for your dismissal. However, your employer should make sure you are given adequate training to do your job. If you are performing poorly, you should usually be warned that your work isn't satisfactory and be given a chance to improve before any action is taken.
When an employer dismisses an employee, they should give them notice of when their job will end. An employer can only dismiss an employee without giving notice if it's because of gross misconduct (when an employee has done something that's very serious or has very serious effects). The employer must have followed a fair procedure.
If the employer terminates/fires an employee in an illegal manner or without giving proper reasons or notice, then he has the right to approach the court of law.
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You can take legal action in the employment tribunal for unfair dismissal. The current cap on compensation awards for unfair dismissal claim is £98,922.
As part of this an employment tribunal will take into account the length of time you have worked for your employee as well as the potential consequences of capability dismissal on the overall business, including on the remaining employees.
An employment tribunal will consider this in light of what another employer would have done in the same business or profession. This could, for example, include what type of evidence a similar employer may normally seek to rely on for dismissal or the process that would be followed under the ACAS code.
Where capability dismissal is a result of a disability or ill health, generally it would not automatically be considered unfair dismissal. However, if it has not been dealt with correctly or fairly, it could result in a discrimination claim. A claim based on discriminatory dismissal is not capped in terms of the potential amount of award.
To make a formal claim in the Employment Tribunal, the claim can be initiated via the following link: https://www.employmenttribunals.service.gov.uk/apply
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