Automatic Unfair Grounds There are certain circumstances where the grounds for dismissal are deemed automatically unfair. They include the following:- trade union membership; trade union activities; closed shop dismissal i.e. dismissal for refusing to become a member of an independent trade union; the assertion of a statutory right; pregnancy; refusing to work because of well-grounded […]
The onus is on the employer to show that the dismissal is fair. The employer must positively show that one of the potentially fair grounds is applicable in the circumstances. The Tribunal must be satisfied that the employer acted reasonably, considering the size and administrative resources of the undertaking. An employee is deemed constructively dismissed […]
Minimum Notice The minimum notice periods required to terminate an employment contract are laid down by law. An employee who has worked for 1 month or more, must give and receive notice of termination of employment. These periods must be set out in the written employment particulars to be made available on the commencement of […]
Basis of Wrongful Dismissal There are two bases upon which an employee can complain about dismissal. Wrongful dismissal or termination, is a claim for breach of the employment contract. Generally, there will be no claim for wrongful dismissal if an employment contract has been terminated in accordance with its terms. There may, however, be a […]
Overview It is usually possible for an employer to terminate an employment contract at common law by simply giving the appropriate period of notice to terminate. There does not have to be a good reason or any reason at all. Because of the potential unfairness of this position, legislation was introduced to allow most employees […]
Procedures The time limit for lodging a claim with the Employment Tribunal is three months, less one day, from the effective date of termination of the contract of employment. This time limit will only be extended by a further three months, if the internal appeal is still ongoing after that date. In the event of […]
General An Employer must give a lump sum redundancy payment to individuals who are made redundant, who have at least two years’ continuous service and who meet certain other conditions. Employees qualify for redundancy payments if they work under a contract of employment. The employment must be terminated, in order for redundancy rights to apply. […]