Posted By Ian Ambrose
Hi Sheelagh,
Sorry to hear about your trouble, but I really think you have been mistreated and possibly unfairly dismissed.... Info below from ACAS
www.acas.org.ukThanks again and good luck!
Regards,
Ian
When is a dismissal fair?
Dismissal is normally fair only if the employer can show that it is for one of the following reasons:
a reason related to the employee's conduct
a reason related to the employee's capability or qualifications for the job
because the employee was redundant
because a statutory duty or restriction prohibited the employment being continued
some other substantial reason of a kind which justifies the dismissal
and that the employer acted reasonably in treating that reason as sufficient for dismissal.
Further information from the DTI website: (opens a new window)
What protection do employees have against unfair dismissal?
Employees have the right not to be unfairly dismissed. In most circumstances they must have at least one year's continuous service before they can make a complaint to an employment tribunal. However, there is no length of service requirement in relation to 'automatically unfair grounds' (see below). Also, the requirement is reduced to one month for employees claiming to have been dismissed on medical grounds as a consequence of certain health and safety requirements that should have led to suspension with pay rather than to dismissal.
A complaint of unfair dismissal must be received by an employment tribunal within three months of the effective date of termination of the employment (usually the date of leaving the job) unless the tribunal considers this was not reasonably practicable.
If both the employer and employee agree, instead of going to an employment tribunal, the case may be heard by an arbitrator under the Acas Arbitration Scheme. For further details, see section the Individuals at work.
If a tribunal establishes that a dismissal has taken place it is normally for the employer to show that it was for a fair reason and that they have, as a minimum, followed the statutory disciplinary procedures. In such cases the tribunal must then decide whether, in the circumstances, the employer acted reasonably in treating that reason as sufficient for dismissal.