An unfair dismissal can also be called wrongful termination, it is when an employee is forced to resign without any valid reason or the termination is cruel and unjust.
There are different ranges of scenarios when a termination is considered unfair dismissal and one can claim. Hence to claim or not to claim, it is crucial to understand the difference between right and wrong unfair dismissal claims and act accordingly.
WHEN IS THE CLAIM EQUITABLE?
Below are some points that clarify a genuine claim:
- The company or employer ends your agreement with the company with or without any information or notice. This is also called constructive dismissal.
- Any type of constructive dismissal which makes the employee forced to resign is considered unfair dismissal.
- If the company or the employer proceeds with the termination of the employee due to political opinions or religious beliefs and opinions.
- When it is because of race, age or if it is gender oriented.
- When the employee makes use of his/her rights such as maternal or paternal leave, any carer’s leave, parental leave or force majeure leave.
- Any matter related to pregnancy, breastfeeding and giving birth that makes the employee forced to resign.
- When the employee takes an action on a health or safety issue.
- If it is because of the age, it might be you are older or younger than the people you work with.
The company or organization can still terminate you even if you match the above point or points but these points should not be the reason to terminate or dismiss you.
You might be in one of the above points but there might be some valid reason for them to dismiss you and that would not be considered unfair dismissal.
WHAT IS CONSTRUCTIVE DISMISSAL?
Constructive dismissal is when you are forced to resign because of the unjustified behavior of the employer or company towards you.
It may include:
- Hard conditions are made for you to work.
- Stop paying you or don’t pay you according to your actual pay.
- All of a sudden demote you.
- Harass you in some way.
- Bully or humiliate you
- Violence is used against you.
There is a sudden change in the schedule and it is out of the contract, for example, your contract has a day shift, and now the employer asks you to perform day shifts.
The above-given points are focused on how an employer can breach the contract and make you forced to resign. These points are examples of constructive dismissal.
To claim constructive dismissal, you have to provide strong and serious evidence to prove or show that the breach of contract or the misconduct of the employer made you forced to resign.
WHEN IS THE CLAIM INEQUITABLE?
Below are some points that make the claim inequitable:
- When the employee is not capable of the job.
- When the employee doesn’t meet the qualification level.
- When the employee is not competent enough.
- When the employee misconducts in the organization.
- When it is because of your redundancy.
The above points are held inequitable to claim and you can’t claim that you were forced to resign if the above conditions are satisfied.
WHY SHOULD SOMEONE CLAIM FOR UNFAIR DISMISSAL CLAIM?
It is important to claim, that by making claim you will be able to acquire indemnification or another option will be you would desire to go back to the original position.
Whatever the outcome is, it is always important to claim because it will at least provide you with justice and fairness.
WHAT CAN POSSIBLY HAPPEN WHEN YOU CLAIM UNFAIR DISMISSAL?
It is when you will be considered and dealt with as you have never been terminated.
It is when you will get your original position back from a particular date.
Compensation will be another choice, and it is the most common choice. In this, you will get paid for the financial loss you have been through.
When compensation is awarded, some things are taken into account:
- Your ongoing financial losses
- Your future financial losses
- Any Loss of pension (if any)
- Loss of regular or statutory protections