Common Causes of Unfair Dismissal and How to Address Them

Table Of Contents

What Are Common Causes of Unfair Dismissal?

Common causes of unfair dismissal include discrimination, retaliation, and breaches of employment contracts. Discrimination occurs when an employer dismisses an employee based on protected characteristics like age, race, gender, or religion. Retaliation happens when an employer dismisses an employee for engaging in protected activities, such as reporting workplace harassment or whistleblowing. Breaches of employment contracts involve an employer failing to adhere to the terms outlined in an employee's contractual agreement, leading to an unlawful termination.
Another common cause of unfair dismissal involves a lack of proper procedure during the dismissal process. Employers sometimes fail to follow established disciplinary policies or give adequate notice of termination. A dismissal without just cause also constitutes unfair dismissal. Just cause typically involves serious misconduct or consistent poor performance. An employer must present clear evidence supporting the reason for dismissal. The absence of such evidence or a failure to conduct a fair investigation often leads to an unfair dismissal claim.

What Constitutes Unlawful Discrimination in Dismissal?

Unlawful discrimination in dismissal constitutes termination of employment based on protected characteristics. These protected characteristics include race, colour, religion, sex, national origin, age, disability, and genetic information. An employer cannot dismiss an employee because of any of these characteristics. Dismissal decisions must rest solely on legitimate, non-discriminatory reasons related to job performance or business needs.
An employer's stated reason for dismissal sometimes masks discriminatory intent. For example, an employer might claim poor performance but dismiss an older employee while retaining younger, less experienced staff with similar performance issues. Such a scenario suggests age discrimination. The law prohibits an employer from using protected characteristics as a basis for employment decisions, including dismissal. Employees experiencing dismissal under these circumstances have grounds for an unfair dismissal claim.

How Does Retaliation Lead to Unfair Dismissal?

Retaliation leads to unfair dismissal when an employer punishes an employee for exercising a legally protected right. Protected rights include reporting workplace harassment, filing a complaint about unsafe working conditions, or participating in an investigation into discrimination. An employer cannot dismiss an employee simply because the employee engaged in these activities. The dismissal must have a legitimate, non-retaliatory basis.
An employer sometimes attempts to disguise a retaliatory dismissal as a performance-related issue. However, if the dismissal closely follows a protected activity, suspicion of retaliation often arises. For instance, an employee reports harassment, and the employer dismisses the employee shortly thereafter for a minor policy infraction. This sequence of events suggests a retaliatory motive. Employment laws protect employees from adverse actions, including dismissal, taken in response to their exercise of legal rights.

Unfair Dismissal Due to Contract Breach

Unfair dismissal due to contract breach occurs when an employer violates the terms of an employment agreement during the termination process. An employment contract often specifies conditions for dismissal, such as required notice periods or specific grounds for termination. An employer's failure to adhere to these contractual obligations constitutes a breach. This breach can render an otherwise legitimate dismissal unlawful.
For example, an employment contract might stipulate a 30-day notice period for termination. If an employer dismisses an employee with only one week's notice, the employer breaches the contract. Another common breach involves dismissal without cause when the contract specifies "for cause only" termination. Employees dismissed in breach of contract have a strong basis for an unfair dismissal claim. The contract terms govern the employment relationship.

What Are Procedural Failures in Dismissal?

Procedural failures in dismissal are instances where an employer does not follow correct or fair processes when terminating an employee. These failures include not conducting a proper investigation into alleged misconduct, not providing the employee with an opportunity to respond to allegations, or not following the company's own disciplinary procedures. A dismissal, even for a valid reason, can become unfair if the employer fails to adhere to fair process.
An employer must make sure a thorough and unbiased investigation occurs before dismissing an employee for misconduct. The employer must also inform the employee of the specific reasons for potential dismissal and allow the employee to present their side of the story. Failure to provide adequate warnings or to offer a chance for improvement, particularly in cases of poor performance, also constitutes a procedural failure. These procedural missteps weaken an employer's position in an unfair dismissal claim.

Addressing Unfair Dismissal Claims

Addressing unfair dismissal claims involves several key steps for the employee. First, the employee must gather all relevant documentation, including employment contracts, performance reviews, dismissal letters, and any communication related to the dismissal. This documentation provides important evidence to support the claim. The employee also needs to document the specific reasons for believing the dismissal was unfair, noting dates and specific incidents.
Next, the employee should seek advice from a legal professional specialising in employment law. A lawyer can assess the strength of the claim and guide the employee through the legal process. This process often involves filing a complaint with the appropriate regulatory body, such as the Equal Employment Opportunity Commission or a state equivalent. The lawyer helps to make sure all procedural requirements are met and represents the employee's interests during negotiations or litigation.

FAQS

What is the main difference between wrongful and unfair dismissal?

The main difference between wrongful and unfair dismissal is the legal basis. Wrongful dismissal concerns a contract breach. An employer does not give proper notice. Unfair dismissal concerns a fair reason. Unfair dismissal concerns a fair process for termination. This applies regardless of contract terms.

How long does an employee have to file an unfair dismissal claim?

An employee generally has a limited time to file an unfair dismissal claim. The specific timeframe varies depending on the jurisdiction and the nature of the claim. Employees typically have 180 or 300 days to file a discrimination claim with federal agencies.

Can an employee be dismissed without any notice period?

An employee can sometimes be dismissed without any notice period in cases of gross misconduct. Gross misconduct involves serious breaches of company policy or law. The employer must still follow a fair procedure, even in gross misconduct cases.

What evidence supports an unfair dismissal claim?

Evidence supporting an unfair dismissal claim includes employment contracts, performance reviews, disciplinary records, emails, text messages, and witness statements. Any document showing the employer's unfair conduct or discriminatory intent strengthens the claim.

What remedies are available for unfair dismissal?

Remedies available for unfair dismissal include reinstatement to the former position or re-engagement in a comparable role. Employees also sometimes receive financial compensation for lost wages and other damages. The specific remedy depends on the case details.

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