When you find a job you love it is highly likely that you will work hard to produce great results and be an asset to the business. However, there are times when even your best efforts don’t seem to be enough and you are laid off.
If this happens the company will need to give you reasons why they are laying you off. It’s worth noting that the reasons may sound genuine but if you don’t feel they are fair criticisms or the company has failed to follow due process, you may be able to claim unfair dismissal.
To do so you need to speak to a reputable unfair dismissal employment lawyer and lodge your complaint within 21 days. It can help to have an understanding of what constitutes fair dismissal.
1. Bad Conduct
Bad conduct means your behaviour in, or even outside, the workplace is not in keeping with the company’s guidelines and ethics. This may be because you’ve been bullying other staff, harassing them or supervisors, or even have poor attendance.
In all cases of bad conduct, you need to be invited to a meeting where the issues are discussed and you’re given a chance to improve. This doesn’t apply if the issue is serious and you are dismissed for gross misconduct.
To avoid dismissal for bad conduct you simply need to correct the behaviour they are describing or enlighten them as to why the facts were not as they seem.
2. Lack Of Capabilities
Capability, or performance, means whether you can do the job you have been employed to. If the employer feels you’re struggling to do the job they will have to tell you and give you the opportunity to improve before they can dismiss you.
You can avoid dismissal by improving. If this seems too challenging then you can request additional training.
3. Breach of Contract
In many cases, this is a genuine reason as a breach of contract is fairly obvious. For example, if you have a driving job and lose your driving license, you will no longer be able to perform your role. Dismissal is a fair and logical response.
It can also cover things like immigration issues and a failure to disclose a criminal record.
Redundancy means that the job you were employed to do no longer exists. This is often the case when a company is streamlining or processes are being automated.
It is important that someone else is not employed to do your job, or another job very similar, within a few months of you being dismissed. This would prove you were not fairly dismissed.
Redundancy also needs to go through set protocols, including outlining that redundancies will happen, why, and who is likely to be considered. You’ll also need to be informed why you were chosen.
5. Other Substantial Reason
There are other reasons why an employer may feel it is fair and the only reasonable option to terminate your employment. These dismissals come under this category and often relate to a breakdown of trust between employee and employer.