Many of us depend on our jobs to survive and our livelihoods can be destroyed because we lose our jobs.
We may work very hard everyday but sometimes and for some very reasons, we end up in a position where we are told that we no longer have a job to go back to. In fact, when we have been dismissed, we feel that our former employer should not have done so and you do not believe that their reasons were well founded. What can you do?
If you feel your employer ended your employment unfairly, you may have been unfairly dismissed and might be able to complain to an Employment Tribunal.
A dismissal can be be unfair either because your employer had not provided you with a fair reason or that they have not followed the proper procedure to dismiss you. Sometimes, the action of the employer in dismissing you can be automatically unfair (i.e. that your dismissal is based on your age or gender).
Automatic unfair dismissals are less common nowadays employers are more familiar with employee rights. However, many of us still encounter situation where we have been dismissed because we requested for something that the law allows us to obtain such as:-
-a written statement of employment particulars
-a minimum notice period
-maternity, paternity or adoption leave
-time off for antenatal care
-not to be discriminated against because of your gender, race, disability, religion or belief, sexual orientation or age
The list is not exhaustive and there ar many other circumstances which an employer may dismiss wrongly. Should this happen, you may have a claim against your employer.
More common nowadays due to the economic markets, many of us may not be dismissed because of our performance or anything personal. It may be because the company is not doing well and needing to conduct a company wide redundancy.
Although redundancy is generally accept as inevitable at times, it may nonetheless be considered as a form of dismissal and unfairness can sometime creep into it. If you employer had chosen you to be made redundant but you feel that the reasons to make you redundant other than your colleague, you may have been unfairly dismissed.
Every employee therefore should keep their eyes out to ensure that they have not been unfairly dismissed. If you have been but have not raised a grievance and/or claimed within a set period of time, you may lose your right to claim against your employer and your livelihood may have been taken away without good reasons.
Some of us believe that only full time employee can benefit from employment protection and therefore for some part-time or fixed-term worker, they simply remain quiet even if they have been unfairly dismissed. As a part-time or fixed-term worker you should not to be treated less favourably than a full-time or permanent employee (eg you should be offered the same or equivalent employment rights and benefits). If you are a part-time or fixed-term employee, you should not be shy to voice your concern if you feel that you are treated less favourably to a full time employee.
As such, if you have been treated unfairly, you have equal right to bring your case to the employment tribunal.
Having said this, for full-time, part-time or fixed term workers, the most important thing is really to work with your employer in any issues arising from you employment.
Employers are also human and can sometime make mistakes, bring a case to the tribunal should be a last resort, should you have exhausted all avenues to resolve the matter with your employer. Sometimes, you will be happily surprised that a matter which you feel cannot be resolved is quickly resolved by raising a grievance with your employer.
