9.3 Research resources – fair/unfair dismissal
Under section 94(1) of the Employment Rights Act 1996: An employee has the right not to be unfairly dismissed by his employer.
Section 98 of the Act lists the criteria to be used in determining whether the dismissal is fair or unfair. It is for the employer to show that the reason for dismissal is justified. The categories that justify fair dismissal relate to:
the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do. 2 (a). Under section 98(3) capability is assessed by reference to skill, aptitude, health or any other physical or mental quality and qualifications means any degree, diploma or other academic, technical or professional qualification relevant to the position which he held.
the conduct of the employee 2 (b) the employee was redundant 2 (c)
contravention of a duty or restriction imposed by or under an enactment 2 (d); this is often called statutory restriction
Under section 98(1) (b) the employer can also show ‘some other substantial reason’ to justify the dismissal of an employee.
The Act lists other circumstances in which an employee is unfairly dismissed.
She is pregnant. (section 99)
An employee brings to the attention of the employer matters which might break health and safety rules. (section 100)
In the case law, the Employment Tribunal has held that an employer can fairly dismiss employees who:
exaggerate their academic qualifications (capability) steal goods or equipment from the company (conduct)
break the law in a way which directly interferes with how they do their jobs (statutory restriction)
make unsubstantiated accusations about members of staff (some other substantial reason)
do not accept reasonable changes to their working conditions (some other substantial reason)
Dismissal is also fair if:
the company no longer has suitable work to give to the employee and has acted reasonably to provide alternative types of employment within the organization (redundancy)
However, the Tribunal has found that dismissal is not fair where an employee:
has taken time off work to look after a sick child
has informed an exam board that the pupils in the school where he was teaching had been encouraged to cheat in their exams
References:
Employment Rights Act 1996
www.opsi.gov.uk/acts
Employment Appeals Tribunal (EAT)
www.employmentappeals.gov.uk
104
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128 |
Page 129 |
Page 130 |
Page 131 |
Page 132 |
Page 133 |
Page 134 |
Page 135 |
Page 136 |
Page 137 |
Page 138 |
Page 139
