Which Reason You Cannot Claim Unfair Dismissal

If you've found a job, it is normal to be expected to stay in your job. You have to always do the job to the very best of your ability , and pay attention to what your employer is asking you to accomplish. The employer must give you the necessary tools, training and the necessary equipment to perform the job correctly.

If there is a problem then the employer is required to follow a prescribed procedure to address the issues. If this procedure does not produce the desired results, then the employer can choose to end the contract.


At this point it is possible that you feel you've been treated unfairly. It could be due to the procedure described was not completed or you feel you've been victimized. If you've been fired and you believe this could be the case, you should contact an attorney for unfair dismissal. They will discuss your case and give you advice about your next actions. If you are facing a legal issue, they can also help you in the courtroom. However, keep in mind that you have to make the complaint within the period of two weeks.

Being terminated doesn't necessarily indicate that you've been unfairly dismissed. There are instances where you aren't able to be able to claim unfair dismissal.

You Haven't Been Employed Long Enough

To be able to assert unjust dismissal you have be employed by the company for at minimum six months. If the company is deemed to be a small company, the time can be extended from 12 to twelve months.

The dismissal of employees during this time is considered to be fair.

It is important to note that whether the business is changing hands and you are still working with the new company your time by the former employer is counted towards the six and 12 month.

Due process Implemented

If you've been dismissed and your employer observed all the procedures that are in their handbook or contract and the ones governed by law, then it's likely that you won't be able to be able to claim unfair dismissal. If this is the case, then since the process of due process has been followed the employer will be considered to have done all it could to ensure your job.

But, that does not mean that it is impossible to prove unfair dismissal. It is necessary to show that the cause for the decision to dismiss was in no way unfair. This isn't easy to prove and may require the help of an expert.

Genuine Redundancy

A lot of companies use redundancy as a simple method to get rid of employees. It is as simple as confirming that the job has been eliminated by the company. In addition, they cannot employ another for the same job.

If the redundancy is legitimate, it isn't unfair to dismiss.

However, if it was planned to eliminate you , then it could be regarded as unfair dismissal. You'll have to show that you were targeted and that the position you were assigned exists in some way.

In all instances regardless of whether or not you were unfairly or fairly dismissed, it's worth speaking with a professional in order to make sure you are taking the correct action.