Dismissal

These events are where...

* The employer terminates the employee's employment contract contract with or without notice;

* A time-limited contract expires and is not renewed

* The employer's conduct (e.g. where the employer fundamentally breaches the employee's employment contract) allows the employee to terminate the contract without notice. This is popularly known as "Constructive Dismissal".

Dismissal can be "fair" or "unfair". An employee who has been unfairly dismissed has a right to statutory compensation and further compensation for financial loss sustained in consequence of the dismissal. Such questions are dealt with by employment tribunals.

For a dismissal to be "fair", an employer must give at least one potentially fair reason for the dismissal. Reasons recognised as being fair are stated in s.98(2) Employment Rights Act 1996:

* relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,

* relates to the conduct of the employee,

* is retirement of the employee, (effective 1st October 2006

* is that the employee was redundant,

* Some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held,

* is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.

The employer must also follow the Statutory Dismissal Procedure (albeit with exceptions) which follows the standard three stage process i.e....

* Give a statement of grounds for action and invitation to meeting

* Hold the meeting, confirm the decision in writing, note the right of appeal

* If appealed, repeat step 2.

Failure to follow this process will result in an "automatically unfair dismissal". An Employment Tribunal will be required to make an award to the employee and increase this by a minimum of ten to fifty percent - irrespective of the "moral" arguments of their case.

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