Do You Feel That Your Employer Ended Your Employment Illegally – Read On

Employees have the right not to be unfairly dismissed by their organization. If you feel that, you have been unfairly forced to end up your employment, you can complain to an employment tribunal, if you have worked in the organization for more than a year. Some of the details regarding unfair dismissal are given below:

What is an unfair dismissal?

You can say that you are unfairly dismissed by your employer, in the following cases:

• Your employer do not have a strong reason for your dismissal (i.e.) you have performed all your tasks perfectly.
• Your employer has not followed the right procedure when dismissing you (i.e.) if the employer has not followed the dismissal laws of the company.
• You are dismissed for an automatically unfair reason. For instance, if your employer has dismissed you since you asked for maternity leave.

What are automatically unfair dismissals?

A dismissal is said to be automatically unfair dismissal, if it comes under the following categories:

• If your employer sack you for attempting to exercise or exercising one of your lawful employment rights. The legal employment rights of an employee are as follows:

1. Adoption, paternity or Maternity leave
2. Taking off for public duties like jury service
3. Remuneration during suspension on medical problems
4. Parental leave
5. Protection against unlawful deduction from wages
6. Right to request for flexible work timings
7. Definite pay even when work is not available
8. Taking break for prenatal care
9. Requesting a written statement of employment particulars
10. A minimum notice period
11. Requesting pay statement

• In case, the organization for which you are working is taken over by another company, you should be protected under the ‘Transfer of undertakings’ protections. If you are covered under this act and even after this, if you are dismissed by your new or old employer due to transfer of the undertaking, it is an automatically unfair dismissal. But, there is an exception to this case (i.e.) if your employer shows that the dismissal is for organizational, technical or economic reason, it will not fall under the category of automatic unfair dismissal.
• Generally, the employees have the rights for rest breaks, paid leaves and even limiting the average working hours per week. In this case, your employer cannot dismiss you for the following reasons:

1. Giving up your working time rights
2. Even when your employer asks you to work, you are breaking the working time rights and
3. If you are signing an agreement on workforce that affects your working time rights.

• You cannot be dismissed when you are insisting your employer to pay the national minimum wages or for reporting against the employer for not paying the minimum wages prescribed by the government.
• If your employer sack you for taking part in the legal industrial action, it is regarded an unfair dismissal. But, if you are taking part in unlawful industrial action, your employer can fairly dismiss you.

Hope, with the above-mentioned information, you might be clear whether you are unfairly dismissed.