Unfair Dismissal

Unfortunately, many students don’t get general protection against unfair dismissal from part-time jobs, as this right only applies once you have been employed in the same job for a year and this is likely to increase to 2 years, under Government proposals.

Unfair dismissals are terminations of employment by the employer, with or without notice of termination of employment, where the reason for dismissal is unfair.

All employees have legal protection against unfair dismissal after a year’s continuous service with their employer, regardless of the number of hours per week they work.

There are 4 statutory FAIR reasons for dismissal.  These are:

  • Your conduct
  • Your capability or qualifications for the job
  • Redundancy
  • A legal requirement that prevents the employment being continued (e.g. you are employed as a driver but no longer hold a driving license)

In addition, if the dismissal is for one of the 4 statutory reasons, tribunals judge the fairness of the dismissal against factors such as whether the employer acted reasonably.

There are a number of factors which will deem your dismissal as automatically unfair. These are:

  • Membership of or activities connected to a trade union
  • Taking legitimate steps to ensure the observance of health and safety work place requirements
  • Carrying out the functions of an elected employee representative or candidate for election or taking part in an election
  • Pregnancy or childbirth
  • Asserting a statutory right
  • Refusing to work on a Sunday if working in retail or betting (unless part of your existing contract),
  • Seeking national minimum wage.

In addition to these factors; dismissals on grounds of sex, race, sexual orientation, religion or belief, and disability, or for any of the reasons below, are automatically unfair, even if you have less than a year’s service.

The law also states that, in taking into account the reason for dismissal, the employer must have acted reasonably. Guidelines established over the years by tribunals and higher courts have emphasised the need for employers to operate fair procedures. In particular, a failure by either party to comply with the ACAS Code of Practice on Discipline and Grievance Procedures will be taken into account by an employment tribunal.

Dismissed employees may complain to an employment tribunal if they have at least 12 months’ service.

Constructive Dismissal

A constructive dismissal is where an employee resigns because of some action by the employer which causes the employee to believe that continuation of employment is impossible.

This action could be a detrimental change in the contract of employment, (although it has to be a fundamental change), or a refusal to improve intolerable working conditions.

Constructive dismissal cases can be hard to win, and unless your conditions are absolutely intolerable, you should take early advice before walking out on your job.

Summary Dismissal

Summary dismissal is dismissal by an employer for gross misconduct and usually means that an employee will not receive any pay in lieu of notice.