subject: Correlation between Employment Contracts and Unfair Dismissal [print this page] Correlation between Employment Contracts and Unfair Dismissal
In order to understand the correlation between employment contracts and unfair dismissal, a solid understanding of what each means is imperative. For the most part, an unfair dismissal is one where an employee is dismissed from working for the same employer for at least one year and the dismissal is specifically related to protected grounds.
Without valid grounds or on grounds that amount to discrimination, applicable employment contracts may actually protect the employee who has been dismissed. Clearly, the definition of an employment contract involves is specified by the particular employer thus no cookie cutter explanation will suffice as a definition.
An individual who has experienced unfair dismissal or wrongful dismissal is one who is certain to feel angry and upset. Truth be told, however, this time of employment severance is not one to be ruled by the emotions. Instead, it is an excellent opportunity to seek advice on the particular circumstances of your dismissal as well as to get further advice on what possible steps can be taken to avoid venturing to the Tribunals. If you feel that your employer ended your employment abruptly and in an unfair manner, you may have a claim against your former employer.
Employment contracts are designed to protect both the employer and employee from situations that wind up in the Tribunals. These contracts are required before the employment relationship is begun and outline the details of the relationship such as whether or not an employee is hired at will and can be dismissed or resign without notice. Often the employment contract is a point of reference turned to time and again when claims are made of unfair dismissal because the employment contract is a written, legal agreement between employer and employee. Make sure that any employment contract is clearly understood before signing as it may reduce or eliminate the possibility of making a claim against a former employer for an unfair dismissal.
Some of the most common violations of employment contracts that result in unfair dismissal include alleged misconduct, as a result of performance on the job, in relation to disciplinary or grievance procedures, dismissal with without warning where an employment at will contract does not exist, forced resignation, dismissal relating to maternity leave or pregnancy, grounds related to National Minimum Wage, unfair selection for redundancy and many similar scenarios. Understanding the relationship between these types of unfair dismissals and the employment contract is made simply with the help of a legal solicitor.
Unfair dismissal is taken very seriously in the courts so if you feel that you have been unfairly dismissed go online to see the various laws with employment contracts and how they can help you.
