Employment Rights are an investment! So, you have been fired, dismissed, let go, laid off, optimised or whatever other expression your ex-employer decided to use, or you are concerned that you may be dismissed.
It may be part of a downsizing or restructuring exercise or it may be something more personal.
It will certainly have been painful but you may be able to make a gain from your pain and take back some control by learning something about your contractual and statutory rights, which could put you in a better negotiating position or allow you to bring a claim.
New employment laws have rained down on employers in recent years so that even large organisations have problems ensuring they keep abreast and comply with all of the laws and regulations.
Employment lawyers have had a field day but you can also take advantage of the protections set out in the law.
Unfair dismissal laws are there to protect employees.
An employee is a person who works for the employer - not someone who is genuinely self employed or a contract or agency worker.
However, even for these categories the court will not always simply rely on the label and may consider all of the facts to determine if the person is in fact an employee.
There are two ways in which a dismissal can occur - either the employer terminates the employment contract or the employer acts in such a way that the employee is forced to resign (this is constructive dismissal).
Rights in relation to unfair dismissal are only effective after the employee has been employed for a year, so a shrewd employer will dismiss an unsatisfactory employee before one years' service.
If you have been employed for more than a year then your employer can only dismiss you for a fair reason and must act reasonably.
The fair reasons include: •Capability or qualifications - including the skill, aptitude, ability and health of the employee.
•Conduct •Redundancy •Retirement •Contravention of Statute •Some other substantial reason If an employer has dismissed an employee for one of these reasons and has followed a fair procedure and acted reasonably then the dismissal can be hard to challenge.
However, there are still opportunities to find grounds for a claim (or grounds to reach a settlement).
For a start the reason the employer gives may be no more than a sham - there is no true redundancy or the employee's performance was good.
Alternatively, the employer may not have acted reasonably and fairly - for example, other employees with similar conduct issues have been treated more leniently.
Employers can make mistakes on the correct procedure to follow.
Employers are always required to follow the ACAS guidelines (except for redundancy) and there are special procedural rules in relation to redundancy.
An astute employee will keep track of the procedural steps and note any defects.
You can also increase your chance of success by considering other reasons - a dismissal related to pregnancy, trade union membership, a business transfer or making a complaint about something unlawful can be a good basis for a tribunal claim.
It may be part of a downsizing or restructuring exercise or it may be something more personal.
It will certainly have been painful but you may be able to make a gain from your pain and take back some control by learning something about your contractual and statutory rights, which could put you in a better negotiating position or allow you to bring a claim.
New employment laws have rained down on employers in recent years so that even large organisations have problems ensuring they keep abreast and comply with all of the laws and regulations.
Employment lawyers have had a field day but you can also take advantage of the protections set out in the law.
Unfair dismissal laws are there to protect employees.
An employee is a person who works for the employer - not someone who is genuinely self employed or a contract or agency worker.
However, even for these categories the court will not always simply rely on the label and may consider all of the facts to determine if the person is in fact an employee.
There are two ways in which a dismissal can occur - either the employer terminates the employment contract or the employer acts in such a way that the employee is forced to resign (this is constructive dismissal).
Rights in relation to unfair dismissal are only effective after the employee has been employed for a year, so a shrewd employer will dismiss an unsatisfactory employee before one years' service.
If you have been employed for more than a year then your employer can only dismiss you for a fair reason and must act reasonably.
The fair reasons include: •Capability or qualifications - including the skill, aptitude, ability and health of the employee.
•Conduct •Redundancy •Retirement •Contravention of Statute •Some other substantial reason If an employer has dismissed an employee for one of these reasons and has followed a fair procedure and acted reasonably then the dismissal can be hard to challenge.
However, there are still opportunities to find grounds for a claim (or grounds to reach a settlement).
For a start the reason the employer gives may be no more than a sham - there is no true redundancy or the employee's performance was good.
Alternatively, the employer may not have acted reasonably and fairly - for example, other employees with similar conduct issues have been treated more leniently.
Employers can make mistakes on the correct procedure to follow.
Employers are always required to follow the ACAS guidelines (except for redundancy) and there are special procedural rules in relation to redundancy.
An astute employee will keep track of the procedural steps and note any defects.
You can also increase your chance of success by considering other reasons - a dismissal related to pregnancy, trade union membership, a business transfer or making a complaint about something unlawful can be a good basis for a tribunal claim.
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