Unfair Dismissals – Dismal Dismissals

Unfair Dismissals

A definition of unfair dismissals would mean the termination of services of a person or persons by the company that is primarily without a notice period. Additionally this is also against the Statute that is a compilation f employment rights that was embodied in the Employment Rights Act of 1996.

The unfair dismissals take places when the following aspects are not followed.

• An employee is dismissed from services when he is working and has certain rights of an employee in his current position in the company
• When a female employee is dismissed on grounds of pregnancy
  
• When an employee is dismissed without any prior warning
  
• Dismissal without any notice period

Unfair Dismissals Act

The Unfair Dismissals Act of 1977 was introduced in the realm of Irish law. It was introduced to assist the need of employees who were at some point a victim to the employer’s whims of a dismissal without a proper reason. The clauses of unfair dismissal are applicable in the following reasons.

• Dismissal over the religious views of an employee
  
• Dismissal over the political views of an employee
  
• Race, color and origin of an employee
  
• Attachment and involvement in a court case
  
• Pregnancy or maternity leave reasons
  
• Membership with any trade union

However there are certain categories of employees who are not considered under the purview of this Act. They are as follows.

• Part time employees of a company who work for less than eight hours in a week
  
• Employees who are employed on a contractual basis and their rights ends with the contract period
  
• Certain public service and local government employees
  
• Employees who have been employed for less than a year

The employer can establish the fairness of the dismissal in case of the following reasons.

• Inadequate capability, and qualifications
  
• Bad conduct
  
• Involvement in illegal work
  
• Redundancy
  
• Other reasons that are explainable

There are certain remedial clauses that are present in the Act (Section 7)

There are certain measures that are included in the Act whereby an employer can redress his wrongful decisions and adopt the following steps.

• Reinstatement of the employee with no break of the period as far as payments of wages are concerned
  
• Re-engagement of duties that may not be always to the prior position or responsibilities
  
• Payment of compensation amount

Unfair Dismissals Legislation

The Unfair Dismissals Act that was brought about in the United Kingdom in 1977 and again revised by the Employment Rights Act of 1996 and also by the Employment Act of 2002. Despite the difference that may exist in the legal system of England and Wales with that of Northern Ireland and Scotland there is basically no deviation from the unfair dismissals legislation. The legal system of all these countries aims to safeguard the rights of employees and protect them from discrimination of any sort throughout the United Kingdom. These may be discrimination on grounds of racial, linguistic, sexual, religious difference among others.