Dismissal – Unfair Reasons

Employment Law lays down a number of areas in which a dismissal is treated as automatically unfair unless the employer can prove substantial, alternative, and reasonable reasons for the dismissal.

It is imperative that employers are clearly seen to have followed the ACAS Code of Practice in disciplinary matters through all the appropriate stages, without cutting any corners, and without in any way being seen to have denied an employee his or her rights at any stage of the process. In particular, the right to be accompanied at disciplinary interviews, the need to “consult” prior to the declaration of redundancies, and the need to have clear evidence of commission of offences are absolutely imperative.

Many of the other reasons relate to Trade Union membership and activity, and in any cases of doubt, employers should seek advice by contacting the Federation Offices.

Other types of dismissal are also regarded as completely unfair, i.e. on the grounds of Pregnancy, Sex or Disability or Racial Discrimination, Rehabilitation of Offenders, Redundancy Selection Contraventions, etc, and before any dismissal on these sorts of grounds is contemplated, professional guidance should be sought.

It is emphasised that advice should always be sought in the case of a strike or other industrial action by employees, as the legal position can be complicated and difficult to interpret.

Frustration of Contract

This may arise because of the operation of the Law, rather than any action taken by either party to the Contract. There is thus neither dismissal nor resignation.

If the maintenance of the Contract becomes impossible due to outside factors, advice should be sought before any action is taken.