Reasons Why You Cannot Claim Unfair Dismissal

Once you have secured a job it is reasonable to expect to keep that job. For your part, you must always strive to do the job to the best of your ability and listen to what the employer asks you to do. The employer needs to provide you with the tools, training, and equipment to do the job properly.

If there are any issues then the employer must follow a set process to resolve the problems. If this process does not yield the expected results then the employer may decide to terminate the contract.

At this stage, you may feel like you have been unfairly treated. This can be because the described process wasn’t completed or you feel like you have been targeted. If you’ve been dismissed and feel that this may apply then to speak to an unfair dismissal lawyer. They will listen to your case and advise you regarding your next steps. If you have a case they will also support you through the courts.  But, remember, you need to file your unfair dismissal claim within 21 days. 

Unfortunately, being targeted for termination doesn’t always mean you have been unfairly dismissed. There are times when you can’t claim unfair dismissal.

You Haven’t Been Employed Long Enough

In order to claim unfair dismissal, you need to have been employed by the business for at least six months. If the business is considered a small business this period goes up to 12 months. 

Dismissal during this period is considered fair.

You should note if the business changes hands and you continue to work with the new employer, your time served with the old employer counts toward the 6 or 12 months.

Due process Has been Followed

If you have been dismissed but your employer has followed all the guidelines in the handbook, contract, and those covered by the law, then it is unlikely that you can claim unfair dismissal. In this instance, because due process has been completed the employer will be deemed to have done everything it could to protect your employment. 

However, this doesn’t mean it is automatically impossible to claim unfair dismissal. You’ll need to prove that the reason for the dismissal process being followed was unjust n itself. This is difficult to prove and will definitely require the assistance of a professional. 

Genuine Redundancy

Many businesses use redundancy as an easy way to eliminate an employee. They simply have to confirm that a specific role is no longer required by the business. As part of this, they can’t employ anyone else in the same role.

If the redundancy is genuine you can’t be unfairly dismissed.

But, again, if it was contrived to eliminate you then it can be classed as unfair dismissal. Of course, you’ll need to prove that you were targeted and that your job still exists in some form. 

In all cases, regardless of whether you were fairly or unfairly dismissed, it is worth talking to a professional to ensure you take the right action.