Victimisation and Grievance Procedure

Q: Email from Alana N. with 4 separate questions. This is question #3


A: Can the employee claim unfair dismissal for such a short period of employment at a company? There have been instances in which the employee is being side-lined (circumvented) and management have in instances been liaising with junior staff members instead of the employee who has responsibility for that department. Meetings are being conducted concerning projects that the employee has direct responsibility for and this employee is not included in the meetings. It has been drawn to the attention of the employee’s manager and is documented. How should the employee proceed to handle this situation?

Unfortunately, the qualification period for an employee to bring an unfair dismissal claim is 12 months. The employee has made the first key step, which is raising the matter with the Manager, but now it must be put into writing as an official grievance.  The employer should then arrange a meeting for facts to be presented, and then an appeal must be allowed, if necessary.

It does seem to be a prima facie case of victimisation, according to Section 6 of the Equal Opportunity Act 2000, which states that a person is victimised if he/she is treated less favourably than the employer would treat others under the same circumstances.

Employment Rights: Unfair Dismissal

Q: Can I be fired with immediate effect?


A: Part 3

Unfair dismissal occurs when an employee can prove that the reason for the dismissal, or the process used to dismiss them was "unfair". So obviously, the question you're asking at this point is...


What constitutes Unfair Dismissal?
A - The employer dismisses the employee without a fair reason as listed below:
    1. Gross Misconduct
    2. A reason related to the employee's capability or lack of qualifications
    3. Retirement of the employee
    4. Redundancy
    5. A legal requirement prevents the employment continuing (e.g., the employee is employed as a driver but no longer holds a driving license)

B - The employer fails to follow the correct dismissal process
    1. Sending a letter
    2. Arranging a meeting
    3. Telling you their decision
    4. Allowing an appeal


C - The employer dismisses the employee for an automatically unfair reason.

Automatically Unfair Dismissal
There is NO defence to an automatically unfair dismissal, which can include:
1.) Dismissal for asserting a statutory employment right

2.) Unfair dismissal before, during or after business transfers

3.) Discrimination

4.) Unfair retirement

5.) Dismissal in violation of pregnancy/maternity rights

6.) Dismissal following a failure to comply with statutory disciplinary or grievance procedures

7.) Unfair dismissal related to working patterns & time

8.) Unfair dismissal for an issue related to trade unions

9.) Unfair dismissal during an industrial dispute

10.) Dismissal for a reason connected to the National Minimum Wage

11.) Dismissal relating to activities as an occupational pension scheme trustee

12.) Dismissal for taking legitimate steps to ensure the observance of health and safety work place requirements

13.) Dismissal for carrying out the functions of an elected employee representative or candidate for election or taking part in an election