Unfair Dismissal

History:
1) Statutory right was introduced in 1971;
2) Updated in 1996 by Employment Right Act.
Unfair dismissal often occur without breach of contract.
Conditions to be met to claim for unfair dismissal (under Employment Right Act 1996):
a) Usually employee must have one or more years of employment before he or she can bring such a claim.
Those with less than one year service can bring an unfair dismissal claim on group of trade union membership/activities, is connected to pregnancy, or has made a protected disclosure;
b) Dismissal must not fall with the five fair circumstances.

Fair reasons:
1) Misconduct: assault, drunkenness, dishonesty;
2) Poor performance: lack of capability;
3) Poor performance: qualification issues;
4) Redundancy;
5) Illegality.

Remedies for unfair dismissal:
a) Reinstatement (rare);
b) Basic award:
- Usually between 6 and 12 months’ salary;
- Maximum limit placed by statute;
- Award can be potentially dismissed.

Redundancy - Employees Rights Act 1996 s.136 (1):
a) Right of employees to be paid statutory redundancy payments;
b) An employee must have two or more years of service to be eligible;
c) Genuine redundancy situation arises where employer intends to cease:
- To carry on the business in which the employee is employed;
- At the employee’s place of work;
- To need the kind of work employee performs.
Redundancy payment is calculating on a sliding scale based on:
- Age;
- Length of service;
- Salary.

Note: Some employers operate enhanced redundancy payment schemes under which redundant employees
receive payments in excess of normal statutory redundancy payments. The calculation of such enhanced redundancy payments will vary from employer to employer.

In case of claim as a result of redundancy, an employer must prove that there was no bias when making
redundancy selection.
Requirements to proper redundancy process:
- Proper warnings;
- Adequate consultation;
- Employment attempts.

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