A. Yes, it is possible in UK Employment Law that you can be dismissed by an employer for a case of ‘gross misconduct’, these could be things everyone might recognise like fighting at work or stealing from work. Your employer may have their own list of things that your employer thinks are ‘gross misconduct’ such as badmouthing them or their customers on social network sites.
As per the ACAS code your employer should give you a chance to tell you side of the story in a disciplinary hearing and you will often be given a number of warnings and a suitable length of time to improve on this poor behaviour or conduct that has been highlighted.
If you feel you are dealing with an unfair dismissal or have disciplinary issues but have only worked for your employer for less than 2 years you may not be able to claim for unfair dismissal, even if you feel that your employer had no grounds to dismiss you or didn’t allow for a grievance procedure.
However there are some exceptions, you may be able to claim unfair dismissal if you were dismissed for whistle blowing on the company / colleagues or if you were dismissed for trade union activities. Or, if you feel you were discriminated because of your age, sex, race, disability or similar we can help you claim for discrimination law.
If you have an issues with an unfair dismissal contact the team at Falconers Solicitors for UK employment law help.
A. Yes, it is possible that you can be dismissed for not meeting your targets and your employer can take disciplinary action against you if he or she feels there are capability issues. However, the targets need to be fair and reasonable for this to meet UK employment law requirements. You should also have the relevant training and tools available to you to achieve these goals.
If you have worked for the employer for over two years you may be able to make an employment law claim against an unfair dismissal. If you have worked for them for less than two years it is highly unlikely the tribunal will accept a claim, unless you qualify under an exception to the rules: have been discriminated or have asserted a statutory right such as whistle-blowing.
Contact the team at Falconers Solicitors for help with employment law issues or HR and UK employment law advice.
A. Yes, you can be dismissed for this but even if you have less than two years service with the employer you may still be able to claim for unfair dismissal, dependant on what has happened.
For example, everyone is entitled to the minimum wage, everyone can join a trade union and be involved in trade union activities and the UK employment law will also protect you against being dismissed for taking approved actions over health and safety.
If you find yourself dismissed for any of these reasons you can claim for unfair dismissal, regardless of how long you have worked for your employer we can help and support you with employment law in Aberdeenshire and advise on any disciplinary issues.
A. Officially, yes, however, your employer should try and hold a disciplinary hearing before he or she dismisses you and it is expected that you will make every effort to attend this disciplinary hearing – as per the Acas code.
If you find you are on long term sick leave and unable to attend a disciplinary meeting your employer may suggest other alternatives such as a phone call or a letter from you so you can get your side of the story across. Alternatively, your employer may choose to go ahead with the hearing and request that you put any objections forward at an appeal hearing.
If you are off work sick or call in sick on the day of your disciplinary hearing your employer may choose to reschedule the meeting, but it will be completed at another time. Just because you are unfit for work at that time it will not mean you are excused from that meeting or hearing.
Fit notes may say you are able to return, but they are not binding on the employer and if they want to challenge the sick line they can request you undergo a separate medical assessment and your sick pay and entitlement can be temporarily stopped during this time.
If the employer finds you have exaggerated symptoms or pretended you are sick to get out if a hearing or meeting this can result in a separate disciplinary matter.
If you feel you are being unfairly treated call the team here at Falconers Solicitors to help with sick pay or disciplinary matters or concerns.
A. You can be forced to retire at the employers retirement age of choice but it may be possible to claim against discrimination law or as an unfair dismissal. Your employer will have to be able to prove that a fixed retirement age is a reasonable solution for example, in jobs that require a high level of physical fitness or concentration at people of these age struggle in these areas.
If you feel you are being unfairly dismissed call the team here at Falconers Solicitors about your employment law case to deal with unfair dismissals or the discrimination law.
A. We very often hear of employers that time a dismissal in such a way they avoid paying a bonus, unfortunately what you get paid depends on whether the payment was contractual or discretionary so if speak to the team here at Falconers Solicitors to deal with the matter we will have to look at what is written down and what is normal practice. If it has become normal practice for the employer to pay you bonuses there is an argument that this has become an entitlement, regardless of what is written in the contract.
We often see contracts that state bonuses are not payable to those that have stopped working for the business and in this case an employment law claim cannot be made. However, sometimes in a contract it will distinguish between a good leaver, who left due to a health issue for example, and a bad leave who may have been dismissed.
It is essential that you speak to someone here at Falconers Solicitors to ensure you get what you deserve; we can help you with your employment law cases and UK employment law.
