Other than the legislative body defining what is unfair dismissal or constructive sacking, there also exists a kind of common law which looks after the damages done to an operative who has been thrown out of the job in an unfair manner.
The various cases of dismissal in a wrong or unfair manner can be taken to the hands of the tribunal when the amount to be claimed is lesser than 25000 pounds. If the case is otherwise, then you need to visit county court.
The different cases being discussed here have happened because of breaches in contract. The different employees will hence be able to bring about the cases stating wrongful dismissal, when they are quite firm in their belief that the dismissal, was not done according to the employment agreement.
The case of wrongful firing can hence be built when no good enough notice have come up before the termination of the job. It can also happen if there has been some kind of breach in the agreement, joined to the contract. Such kind of claim is used by those people who have not yet completed a year in the service at that company.
It can also be stated in the employment contract that complete legal procedures are required to be followed in case of sudden dismissal. There have also been cases where the person has got lesser money in the tribunal court but a much higher amount in the common courts.
WINDOW ON PRACTICE
If you wish to make your claim of partialremoval, then you have to be staying in the service for at least one year in the very company that dismissed you. Hence there are many unjust cases of companies dismissing their employee right after 11 months, as they do not want to get involved in matters of court.
This kind of approach is clever, but can backfire upon the company too. In case of United News vs. Raspin, this is illustrated well. The person making the appeal here said that it was a case of getting dismissed wrongly, because of the things present in the employment contract.
The tribunal came to the conclusion that if the employer had worked conferring to the contract, and had gotten rid of the employee after the completion of the contract then a year of service would have got fulfilled. Hence that matter was treated as a case of unfair dismissal by the court.
Links of Previous Main Topic:-
Links of Next HR Management Topics:-