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Unfair dismissal may be deemed 'automatically unfair' for a number of specified reasons. If the dismissal takes place due to one of these reasons, an employee only has to demonstrate how the dismissal was unfair for that reason to claim successfully against their employer.
Other dismissals may be unfair depending upon the circumstances and this is where the majority of unfair dismissals lie.
A dismissal may be considered fair if the reason for this action was due to lack of capability/qualifications; misconduct; redundancy (however, fair selection for redundancy may be unfair dismissal); contravention of a legal obligation; or some other significant reason justifying dismissal.
Employers must do more than simply show that the dismissal falls within one of the above-mentioned areas. Reasonable procedures as outlined in the ACAS (Advisory, Conciliation and Arbitration Service) must be followed, unless employers can prove that they followed the statutory procedure and would have dismissed the employee anyway had they followed the higher ACAS standards.
Employers must also demonstrate that the decision to dismiss falls within the range of reasonable responses by an employer.
For legal know-how on all aspects of unfair dismissal and prudent, professional advice, please contact our team today.
Sexual harassment claims
mosshaselhurst has an equally strong track record in dealing with sexual harassment and grievance procedures.
Sexual harassment in the workplace can be dealt with under The Sex Discrimination Act and The employment Rights Act. Employers need to have grievance procedures in place should sexual harassment claims arise. Allegations may be handled within these grievance procedures; cases may be heard by independent tribunals; and occasionally, if assault or criminal offences are involved, cases may be taken to the Courts.
Both employers and individual employees (who have experienced grievances of this nature within the workplace) can contact us for sexual harassment advice, with the aim of achieving the most satisfactory outcome possible.
Please contact our specialist employment law team today for more information about sexual harassment claims or any other employment law concerns.