Q. I am having a problem with one of my employees at work. What are the basic rules concerning unfair dismissal in the workplace?
A. The dismissal of an employee for a reason other than one allowed by law, without following the correct procedure, or without giving adequate notice, is likely to lead to a claim for unfair or wrongful dismissal. The damages for a successful claim can sometimes be substantial and the costs of defending it, in particular in terms of management time, may be significant.
The dismissal can only be for a fair reason if:
- It relates to the employee's conduct.
- It relates to the employee's capability or qualifications.
- It is because of redundancy.
- It is because the employee has reached the normal retirement age.
- Continuing to employ the employee would be illegal - for example, as a result of their immigration status.
- It is for "some other substantial reason" (SOSR). (e.g. the dismissal of a temporary employee to allow for the return of an employee who has been on maternity leave).
A dismissal for any other reason would be unfair. Generally, employees must have been employed for one year before they can bring a claim, although there are some limited exceptions to this.
Should you have any queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
