Looking for an Unfair Dismissal Lawyer or Attorney in Cape Town?
Definitions on the web:
Unfair dismissal is the term used in UK labour law to describe an employer's action when terminating an employee's employment contrary to the requirements of the Employment Rights Act 1996. It is automatically unfair for an employer to dismiss an employee, regardless of length of service, for a reason related to discrimination protected by the Equality Act 2010, becoming pregnant, or having previously asserted certain specified employment rights. Otherwise, an employee must have worked for a year to have the right against unfair dismissal. This means an employer only terminates an employee's job lawfully if the employer follows a fair procedure, acts reasonably and has a fair reason. Unfair Dismissal Lawyer or Attorney in Cape Town
A Reason Related To The Employee's Conduct
A Reason Related To The Employee's Capability Or Qualifications For The Job
Because The Employee Was Redundant
The Employee Had Reached Normal Retirement Age In Accordance With The Employment Equality (Age)
Because A Statutory Duty Or Restriction Prohibited The Employment Being Continued
Some Other Substantial Reason Of A Kind Which Justifies The Dismissal.
The reason for dismissal will rarely be the basis for a successful unfair dismissal claim, as a Tribunal is not allowed to substitute its view of what is reasonable for that of the employer. The Employment Tribunal will judge the reasonableness of the employer's decision to dismiss on the standard of a "band of reasonable responses" assessing whether the employer's decision was one which falls outside the range of reasonable responses of reasonable employers. Unfair Dismissal Lawyer or Attorney in Cape Town
Forms of dismissal:
Wrongful dismissal: in particular, a termination by the employer in breach of the employee's contract of employment (in other words a dismissal without notice, where the employer is obliged to give notice) is described as "wrongful dismissal", and not as unfair dismissal. Unfair Dismissal Lawyer or Attorney in Cape Town
Discrimination: Where an employee has grounds to believe that he or she has been discriminated against in being dismissed, other laws may be relevant, such as (in Britain) the Race Relations Act, the Disability Discrimination Act 1995 and the Sex Discrimination Act 1976. Unfair Dismissal Lawyer or Attorney in Cape Town
Constructive dismissal: Where the employee resigns or terminates his contract (without notice) due to some action on the part of the employer which would entitle the employee to terminate without notice (whether or not the employee actually gives notice), this is known as constructive dismissal. The normal circumstances in which an employee would be so entitled are in cases of a "fundamental breach of contract" (also known as a "repudiatory breach of contract") by the employer.