If the employee believes that his or her firing is unjust, and wishes to appeal, he or she may do so via the employers appeals procedure. Your employer is allowed to fire people, but if they have done so unfairly, you can appeal the firing.
A private-sector employer may do this for reasons that many people would find unfair, like replacing you with someone from your bosss family, because of fights, even though no other workers were fired, because your boss does not like you, or because a flight was cancelled and you had to take an extended leave. For instance, you might have an employment agreement stating you can be fired only with good cause, or with reasons stated in your contract.
Even where no explicit written contract exists between the employer and the individual employee, the expectation of that employee to be under fixed terms, or even an open-ended, job is likely to arise from statements by a supervisor, an employers practice to fire employees only with good cause, or a claim in an employees manual stating specific dismissal procedures will be followed. Most employment is at-will, meaning an employee can be fired any time for any reason, or without reason (as long as the reason is not unlawful). An employee is free to quit his job for any or no reason, without any negative legal consequences.
Although an at-will contract does not require the employer to provide notice or cause a reason for termination, the employer cannot terminate the worker for certain reasons. Dismissals on those grounds are potentially just, because they involve an employees ability to perform the work he is hired to do. If an employee has been terminated for a presumptively unfair reason, it does not matter how long he or she has worked for the employer.
If the employee feels that he or she has no other option than to quit due to something their employer has done that is extremely severe, they may be able to make a claim for constructive dismissal. The one exception is constructive dismissal, in which you allege that the actions your employer has taken toward you has forced you out of work. If you are protected, and are dismissed from your old or new employer as a result of transfer, or for reasons related to transfer, then the dismissal is automatically unjust.
If your employer dismisses you because you have invoked, or attempted to invoke, any of your statutory (legal) employment rights, then you have been dismissed unfairly. A dismissal is automatically considered to be unfair unless your employer can demonstrate substantial grounds (reasons) for doing so. If your employer acts in an unfair way, you can make a claim for breach of the duty of good faith and fair dealing.
Making protected disclosure If you are less than a year in employment and your employer did not follow fair procedures in sacking you, you may have a claim under Section 20(1) of the Industrial Relations Act 1969. Membership in a travelling community For example, if you have been employed for less than a year, you may be unable to bring a claim under the unfair dismissal law. If you are fired for another reason, and have been employed by the employer for less than 2 years, you have no rights to bring a claim.
It is also worth pointing out that dismissing an employee for behavior that occurred off-the-job can be potentially justifiable, provided that this somehow impacts on the employees job or on the employers reputation (for instance, by harming the employers reputation). If you took part in illegal industrial action, your employer could reasonably dismiss you, provided they treated you in the same manner as the other employees who also took part in illegal industrial action. It is not uncommon for employers to fire people for serious infractions to try and avoid paying the Notice and Fine.
Whether or not an employer believes that the poor performance was deliberate, an employer should always first provide a fair notice and reasonable opportunity for improvement before proceeding with termination. Normally, an employer would be required again in this situation to issue a prior warning and provide an opportunity for improvement. Before termination, an employer would usually have a duty to follow its own performance management processes, which is likely to involve going through a discipline warning, and giving an employee, at each step in its performance management process, the opportunity to improve, as well as providing support and training, where appropriate.
Redundancy can be another justifiable reason for which employers might have to terminate an employee, such as because of business shutdown, a worksite closing, or less demand on employees to do a certain type of job. For example, if an employer regularly allows younger employees to come in late, but dismisses a late older employee, that could constitute age discrimination. For example, if you hire a lorry driver and he loses his driving licence (and there is no alternative job available to him) or if an employees right to work in Britain is up.
An example of an SSR termination could be if the employers customer insists the employee is fired, otherwise they are taking their business elsewhere. The employee may have been working under considerable duress and under challenging work conditions in the company–this might have included a salary that was too low, harassment, a new job location farther away from where the employee can reasonably commute, increased hours, etc. An employer cannot discriminate against any employee because of that employees race, gender, age, religion, color, national origin, or disability.