Potentially lawful and fair grounds for the dismissal of an employee include conduct, capability and redundancy. However, an employee cannot be dismissed on lawful grounds alone and disciplinary procedures and stages exist to ensure that fair and reasonable decisions are made in the circumstances.
Qualifying criteria, such as the length of an employee’s service and the right not to be unfairly dismissed, must be factored in when considering dismissal. Some categories of worker other than employees are also entitled to other rights, such as paid leave and regulations preventing the less favourable treatment of part-time workers and fixed-term employees also exist.
Unlawful grounds for the dismissal of an employee are age, disability, race, sex, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity, and religion or belief, defined as protected characteristics in the Equality Act 2010 Employee dismissal via any of these means is classed as discrimination.
Although workplace discrimination and employment discrimination are not always intentional, motive is irrelevant in all employment discrimination at work cases. For example, a manager will be deemed as discriminating an employee for counting time off due to pregnancy-related illness as absenteeism and, as a result the employee could file a complaint of sex or pregnancy discrimination.
Employees are entitled to be treated with dignity and respect and any employer deemed to be acting unreasonably, i.e. to act in such a way that destroys the mutual bond of trust and confidence with their employee, risks being subject to a bullying and harassment claim and complaints of constructive dismissal.
Even if an employer has policies to tackle workplace discrimination, harassment, victimisation and bullying, if they are not implemented it is impossible to prove that they have taken all reasonable steps to avoid employment discrimination. Therefore all employers should ensure that applicable parties should be fully trained in the complexities of workplace discrimination laws. An up-to-date Equal Opportunities and Diversity Policy should be produced so that an employer does not make themselves vulnerable to a claim made to an Employment Tribunal and it is recommended that they consult the Equality and Human Rights Commission’s Code of Practice when writing this Policy.
An employer can protect goodwill and staff, their two most valuable assets, by agreeing restrictive covenants, however the Courts scrutinise these closely so the employer should apply due care and attention when drafting any covenants to ensure that they are reasonable.
Whether or not you are an employee who thinks that they might have grounds for an employment tribunal claim, or if you are an employer defending a claim for employment tribunal compensation [or wanting legal advice or assistance on employment law matters in general], one of contact our specialist employment solicitors – initial phone advice is absolutely free – and we also run appropriate cases on no win no fee employment tribunal agreements.