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If you have been dismissed suddenly, your first reaction will likely be to wonder if there is a fair and just reason for your dismissal. It is understandable to feel this way. However, there are certain circumstances in which your employer is within their rights to dismiss you.
Before you decide your next step, you need to know whether you may have a case for disputing your employer’s decision. You should seek advice from a solicitor specialising in employment law. This way, you can be sure you will have all the necessary legal facts.
It is also worth knowing that there are particular reasons why your employer can fairly dismiss you, and we will discuss those here.
Your employer believes you can’t do your job properly
There are several reasons why your employer may think you can’t fulfil your duties properly, and these could include:
- You can’t or won’t get along with colleagues, or you may be disruptive
- You have not been able to keep abreast of new technology or working practices
- You refuse to join training programs
- You continually display poor attendance
- You don’t have the required skills or qualifications for the job
If any of these apply, however, your employer should take steps to allow you to improve, such as through retraining. You should also receive warnings if your work could be more satisfactory.
Illness means you can’t work correctly
If you have a long-term or persistent illness that makes it impossible for you to do your job, your employer can dismiss you on these grounds, providing they have tried to find ways to support you. This will include giving you a reasonable time to recover.
Redundancy
Your employer can select you for redundancy if your job role is no longer needed. This is fair in most cases, such as if the company is closing or cutting costs during a downturn. However, there is a strict process that should be followed.
Summary dismissal
Your employer is entitled to dismiss you for gross misconduct if it is proven that you have been violent towards colleagues or clients or caught stealing from the company. In a proven case, your employer does not have to go through the normal disciplinary procedures.
Reputational damage to the company
This is a less common reason for employee dismissal but can occur in certain circumstances. An employee’s behaviour could result in the company losing business and thus sustaining reputational damage. There has to be a very severe reason for this, and that could include an employee committing a serious criminal act.
What constitutes unfair dismissal due to disability?
If you have a recognised disability or long-term illness, your employer must not dismiss you on these grounds without trying to find a solution. They are legally bound to make ‘reasonable adjustments’ to how you work and if you need extra help to perform your job. Dismissal purely because of a disability may be unlawful discrimination, but if you think this applies to you, it is essential to urgently seek advice from a solicitor with specialist knowledge in this field.
Constructive dismissal
This could include:
- Not paying you or suddenly demoting you for no reason
- Forcing you to accept unreasonable changes to how you work
- Allowing colleagues to harass or bully you
If you think you have a constructive dismissal case, you should immediately leave your job and take legal advice.
Other reasons for unfair dismissal could include:
- Being forced to retire
- Joining a trade union
- Asking for flexible working
- Needing time off for jury service
- Applying for maternity/paternity/adoption leave
This list is not exhaustive.
Do not hesitate to seek legal advice if you need advice on whether your dismissal is unfair or fair.
You may also like: Employment Law: 9 Reasons You Could Be Guilty of Unfair Dismissal
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