If you think a manager has acted unjustly in terminating someone from their work. Subsequently it you are a part of unfair dismissal. If that were the case, it is possible for you to go to the court to make case against your employer. If victorious then it may be possible for you to be awarded with damages. To find out more about Unfair Dismissal and all the actions you may take, read the rest of this article.
What Is Unfair Dismissal?
Under the Employment Rights Act 1996, your boss ought to include excellent explanation for terminating a workers agreements, and eliminate terminate deals in a behavior set by laws all over the world. Unfair dismissal hence highlights the subsequent points:-
*Your boss had no concrete reason for relieving you from your work.
Your Manager or Boss fired you for no apparent reason which can be caused due to sickness, labor unions etc
*Your Recruiter hasn’t followed appropriate methods while firing you.
What Is Constructive Dismissal?
Constructive dismissal is a form of unfair dismissal. In this situation the worker feels highly pressurized and relieves his duties due to the managers (Bosses) Actions.
Some of the following relate to undue pressure from the Managerial staff.
*persecution, embarrassment or oppression;
*Changes of occupation conditions or agreement with no discussion;
*A change in the atmosphere or position of the workplace without prior notice.
*intense punitive measures;
*individuals wrongly accused of transgression.
What Action Can You Take?
In your case, if you by chance think that even your Boss has fired you for an unfair reason or without any prior notice, then you may also go to court and file a complaint against your Company for the ill-actions that it had taken.
But, you cannot make any such accusations or claims against your Boss or company, if the following conditions are not met.
*You must have been a proper and legal worker of that company which you plan to file a lawsuit against.
*Also, you must have worked in that company for at least one consecutive year.
*You must also be young and not have been retired from that position;
*Should be working in that country (UK, USA, CANADA) Etc.;
*Your lawsuit should be filed within 3 months since the date of termination.
If you by chance are part of the law enforcement agencies such as, Police,Firefighter or even Doctors and nurses, then I am sorry to tell you, that these laws are explicitly for the public and not for you.
Before starting a lawsuit against your Boss and your company, it is always better to try and sit with them and come to an over the top agreement. In other words a peaceful act. It is always better to talk with your Boss and try to resolve the matter and you can even take the help and advice of a legal body such as a lawyer.
If that’s unsuccessful, than you can try to approach the Employment Tribunals, where they help those employees who have been fired due to no reason. Here you have a chance of claiming damages and possible winning your case, if everything is in order. Another case might be where, the court decides that you must go back and work for that company, even if you aren’t willing to.
If by any chance you also feel that you have been obstructed then you too, should seek legal and expert advice from lawyers and other professionals. The employment laws can really help you win your claim and may at times be time consuming.