When an employer, dismisses an employee, he will have to follow certain procedures. If an employer dismisses an employee without providing any strong reasons or without making any investigation into the reasons, the dismissal will be regarded as unfair dismissal. For instance, if your co-worker makes any complaint about you to the employer and if he dismisses you without investigating on the compliant, it will be regarded as unfair dismissal. But, in some cases, the employer can also dismiss the employee without following the normal procedures. Some of these cases are given below:
- In the case of gross misconduct of the employee, the employer can fairly dismiss him without investigating into the issues. In this case, the employer can follow a two-step corrective procedure. First he can dismiss you and then he can go direct from the written statement to the appeal without holding a hearing.
- In case the employer has reasonable basis to feel that following the general disciplinary procedures would result in some sort to risk for himself or for his property, he can dismiss the employee without following the normal procedures.
- The normal procedure need not be followed by the employer, if he feels that discussing with the employee representative would be the best method for dismissing some employees. For instance, the employer can enter into an agreement with the representative of the employees that he is dismissing some employees now since the employment period terminates and will hire them back under different terms and conditions.
- In case the employer has the duty to consult the employee representatives with respect to communal redundancies, he need not have to follow the general disciplinary procedures.
- If you are taking part in unlawful industrial action, your employer can directly sack you without notice. But, in case, you are taking part in legal industrial action, he cannot do so.
- If it is no longer possible for the employer to employ you, he can directly dismiss you. For instance, if the factory meets with fire accidents and everything is burnt, your employer will not be able to employ you further. So, he can dismiss you.
- If your employer gives you a written or verbal warning or suspends you on full pay, it is not necessary for him to follow the general disciplinary procedures. In case, you are not satisfied with the action of your employer, you can raise a grievance.
If your employer has dismissed you without any of the above-mentioned reasons, you can claim that you are unfairly dismissed by your employer.
When you are working in European countries and your employer dismisses you without any valid reason, you can get the help of the Advisory, Conciliation and Arbitration Service, which offers impartial, confidential and free advice on all issues pertaining to employment rights. If you have any dispute with your employer aroused after April 2009, which is likely to turn into an employment tribunal case, ACAS can help you by providing an early conciliation service.
When you are working in the United Kingdom and your employer dismisses you without any valid reason, you can get the help of the Advisory, Conciliation and Arbitration Service, which offers impartial, confidential and free advice on all issues pertaining to employment rights. If you have any dispute with your employer aroused after April 2009 that can turn into an employment tribunal case, ACAS can help you by providing an early conciliation service. In the case of employment dispute in Italy, you can contact public resolution institutions like Rome Arbitration Chamber and Milan Arbitration Chamber instituted by Rome Chamber of Commerce and Milan Chamber of Commerce respectively. In the country of Germany, labor courts are the main mechanism of conflict resolution. So, if your employment dispute is in Germany, you can contact labor courts. In the country of France, the employment disputes in private sector are dealt by industrial tribunal (Counseil de prud’hommes). In the case of Spain, mediation procedures can be done with the help of bipartite bodies of extrajudicial solution.
