We all have the need to obey the law but when we look at who has recourse to the legal side of life, it is not all criminality at stake. According to records taken each year, many of those seeking legal assistance require it for employment problems. Take someone who finds themselves fired suddenly and without obvious reason. There are certain circumatances where they may be able to place a claim in the employment tribunals to get the employer, or respondent, to answer their claim as to why they were fired. If the claim is upheld by the judge after the respondent has had a chance to put their side of the story, and the hearing takes place, then compensation will be sorted out or the job opened up again. This is very much a quick birds eye view on a claim, there are many stages in between, but that is the basic premise of what should happen. These days one has to be in a job for over two years before a claim for unfair dismissal can be brought so there is far less protection for the employee.
Thse days an employee have their contract ended without the employer having to give notice, warning or a reason. The employer doesn’t need to give justification for the decision. However there are some pitfalls to firing someone with less than two years service, but this is a separate subject. After the two year period, the employer has to consider and give thought to one or more of the five fair reasons to dismiss. This is per the employment rights act of 1996. These five things are ability to do the job; behaviour; redundancy; breaking a legal rule or another significant reason. The employer needs to show they have given reasonable consideration of the situation and that fair process has taken place.
