Unfair Dismissals Act 1993
Next Slide
Purpose
This act outlines situations where the
dismissal of an employee is unfair.
The burden of proof that the dismissal
is fair rests with the employer.
Claims under the act must normally be
brought within 6 months of the
dismissal having taken place.
Previous slide
Next Slide
When is a dismissal unfair?
Trade union membership
Religious or political opinions
Race or colour
Involvement in legal proceedings against the
employer
Pregnancy. Unless through the pregnancy
the employee has become unable to do the
work adequately.
Sexual orientation
Age
Membership of the travelling community
Previous slide
Next Slide
Mr Employer
Why isLet
she
me
inOh
such
ait is has
introduce
my
she
She Because
isAnd
his
No
a isP45
Because
even
she
if
she
is
a
Because
of
Because
of
bad
Because
of
friends
legal
secretary.
she
has
her
Because
So
itshe
must
pregnant
member
she
ofinthe
can
Since
Ibrought
studied
the
her
religious
Wonder
her
age
mood????
her
sexual
proceedings
hand
joined
apolitical
trade
be
unfair
do
travelling
her
job
Unfair
Dismissals
Act
ororientation
Why???
against
union
community
in School
I knowMrMiss
it
views
Employee
Employer
cannot be
P45
Previous slide
Next Slide
This act covers all employees except
Those working less than eight hours per week.
Someone, who is less than 16 years of age or has reached the
retirement age for that employment.
Employees with less than one year’s continuous service,
except where the dismissal is on the grounds of the employee’s
pregnancy, trade union membership or the employee’s rights.
under the following government acts: National Minimum Wage
Act 2000, Adoptive Leave Act 1995, Parental Leave Act 1998 or
Carer’s Leave Act 2001.
An employee on a short term contract e.g. covering maternity.
An apprentice within 6 months of commencement of his
training or 1 month after his completion of the apprenticeship.
Certain members of the public service and local government
employees.
Previous slide
Next Slide
Are we are all covered
Yes
Except if we are an apprentice within
ifofwe
have
been
Except
ifhave
weonly
are
6Except
months
commencement
of
Except
if
we
reached
Except
if
we
are
in Except
thehis
job
for
less
than
year
unless,
if
we
are
under
16
training
orless
1 month
after
working
than
retirement
Age
itcompletion
isaintemporary
particular
of the circumstances
apprenticeship.
on
contact
8 hours per week
Previous slide
Next Slide
Remedies for Unfair Dismissals
Reinstatement. The employee gets his old job
back, gets compensation for loss of earnings
during the period of dismissal and is treated as if
there is no break in service.
Re-engagement. Employee returns to work,
with no break in service but not necessarily on
the same terms or same job.
Compensation. The employee losses his job,
but gets financially rewarded for being unfairly
dismissed.
Next Slide
Previous slide
When is a dismissal fair?
Incapability
Incompetence
Wrong qualifications or failure to get
qualifications promised
Misconduct
Redundancy
Illegality of employee’s work
Next Slide
Previous slide
What can be done?
a choice
to the
take my
If I have
take the
case
to
I’m
HAPPY
If I feel I have been
Look
at and
the
case to
a Rights
Rights Commissioner
unfairly dismissed,
difference
in
the
am stillCommissioner
unhappy,
thenor
I can
WHAT CAN I DO?
my Appeals
face.
go toEmployment
the Employment
AppealsTribunal.
Tribunal.
Next Slide
Previous slide
Constructive Dismissal
This is where the employee resigns, but
claims that his employer’s conduct forced
his resignation.
According to the act, before a dismissal of
this nature can be regarded as a dismissal,
the employee must first prove his case.
An employee, who finds himself, in a
situation that he thinks will cause him to
resign, should first use the firm's grievance
or complaints procedure before he resigns.
Previous slide
Next Slide
Unfair Dismissals Act 1993
THE END
Previous slide