Have you ever experienced a case of dismissal from employment for reasons you do not feel are valid? Perhaps you were forced from the position for petty reasons? People are dismissed from their place of employment for various reasons and if you do not feel the dismissal is valid, it is possible that you have grounds for legal action. This article will provide information about unfair dismissal in the workplace and how to go about dealing with this legal issue.
What Is An Unfair Dismissal?
The legal definition of unfair dismissal from a workplace is when an employer terminates a contract of employment and is in breach of the Employment Rights Act 1996. For example, if the employee has been dismissed without fair reason or dismissed without following the correct dismissal procedures as listed in the contract. This can also include dismissals that occur during times such as maternity leave and are considered automatically unfair.
An automatically unfair dismissal from the workplace will more than likely provide a case for legal action and can include the following situations. If the employer terminates employment when the employee is attempting to exercise a statutory right such as maternity leave, minimum wage, time off for performing public duties (i.e. jury duty), or parental leave. In these cases, it is necessary to assess the strength of the case and if legal action can be taken. A list of statutory rights can be found online, but it is recommended that you consult a legal professional to identify the true legal strength of the case.
It is also important to note that unfair dismissal can also include cases of discrimination. If you find yourself dismissed because of discriminatory reasons based on gender-bias, sexuality discrimination, racism or discrimination based on disability; it is recommended that you speak to unfair dismissal lawyers Melbourne – Anderson Gray about rights violation and unfair dismissal.
How Can I Deal With Unfair Dismissal In The Workplace?
If you believe you have been subject to a case of unfair dismissal, it is essential that you raise the case within three months of the final day of employment in order to deal with the issue quickly and accurately. The case of unfair dismissal needs to be presented before an Employment Tribunal to allow the prosecution to enter details with or without legal representation. Of course, it is also recommended that you try to resolve the problem outside of court as this representation can be a costly procedure.
To resolve the issue outside of court, you will need to meet with your employer and mediator to manage the workplace dispute. This could result in compensation being paid and the unfair dismissal may be considered as a case of misunderstanding. If this does not resolve the issue, it may be necessary to use legal professionals to take the case to court. The majority of employees need to have worked for at least one year for the employer before a claim can be made before the court.