Understanding Unfair Dismissal and Knowing When to Fight Back

Sarah Parker
Authored by Sarah Parker
Posted: Monday, September 24, 2018 - 20:55

Job security is one of the more important aspects of anyone’s career. Not being able to safely say you will have work next week is incredibly stressful, not to mention exploitative. Contracts are drawn up to fight against such exploitation, and to give workers rights within their employment that gives them more security. That being said, you can be let go at any time from any job. Being terminated from your position, however, must come with forewarning and it must be done with rightful cause.

Unfair dismissal can happen to anyone. Only last year in 2017, council boss Karen Whitmore was found redundant, and let go from her position. As the facts came out, it was revealed that the reason for her redundancy and later termination was due to the fact that the council itself was selling properties for below market value, and Whitmore refused to turn a blind eye to it. Due to the nature of her dismissal, rumours circulated, which made it difficult for her to find new work. She fought back and was awarded a total of £94,000 in compensation, though she was seeking £723,000.

What is Unfair Dismissal?

Workers rights are a hot issue in any day and age. Without pressure on employers and government officials to improve worker’s rights, progress will not be made. Contracts are drawn up to help provide you the job security you need, and once you have a standard contract of employment, you are protected under worker’s rights as outlined by the Government.

There are generally two types of unfair dismissal. Unfair, and constructive:

  • Unfair dismissal covers a broad range of unfair termination situations. Perhaps you needed time off for jury service, and your employer terminated your employment instead. Perhaps you were forced to retire or were fired after asking for more flexible working.
  • Constructive dismissal occurs when the employer changes your working environment in a bid to force you out from your job. Perhaps they stop paying you or force you to take night shifts instead of day shifts as outlined in your contract. Unless these issues can be resolved quickly, it can be best to leave your job as soon as possible, as staying in that environment could be seen as consent to mistreatment. Contact a solicitor or advisor and determine if you have a case.

When to Seek Help for Unfair Dismissal

When you know and understand the types of dismissal, and you feel that your dismissal was unfair, it is wise to seek out professional help. This is especially true if your dismissal was due to another reason, such as being injured on the job. If an employer fires you for trying to seek compensation for an injury on the job, contact Spencers Solicitors, who operate on a no-win, no-fee basis, immediately. Never let an employer bully you out. Demand fair treatment and get the compensation you deserve.

The workers in Yorkshire need to understand their rights and what they need to do if misconduct occurs. Know your rights, and always fight when you feel as if your treatment was unfair. It will help protect you, and your family.