| 释义 |
unfair dismissal
The dismissal of an employee that an employment tribunal finds is unfair. Under the Employment Rights Act 1996 employees have the right not to be unfairly dismissed, provided they have served the required period of continuous employment. However, employees dismissed for an inadmissible reason have this right whatever their age or length of service. An employee who considers he has been unfairly dismissed can apply within three months after the effective date of termination of his employment contract to an employment tribunal for reinstatement, re-engagement, or compensation. The tribunal will make an award unless the employer can show that the principal reason for the dismissal was the employee’s incapability, lack of qualifications, or conduct; redundancy; the fact that it would be illegal to continue employing him; or some other substantial reason. In addition to establishing a reason for the dismissal, the employer must also have acted reasonably in dismissing the employee. Under the Act, and a range of associated statutes, certain dismissals will be classified as being automatically unfair. There are some exceptions to the statutory protection, such as where an employee is a police officer or works outside the UK on a fishing vessel. |