Unfair Dismissals Act

1977-2007
UNIT ONE MS. HALL
 What is the Unfair Dismissals Act
1977 to 2007?

Law preventing employees from being dismissed/sacked

from their jobs for unfair reasons

The Act provides that every dismissal of an employee

will be presumed to be unfair unless the employer can
justify the Dismissal
 Grounds for FAIR dismissal:

Misconduct e.g. Theft, Violence

Employee was incapable of doing the job properly e.g. due
to absenteeism, poor attitude)
Redundancy- may be due to new technology or decline in
business resulting in no work
Employer followed proper procedure before dismissal-
giving adequate warning
 Grounds for UNFAIR dismissal:

Employer didnt follow proper procedures

Trade Union membership- unfair to dismiss an employee
because s/he joined a TU
If the employer cant prove the job was redundant
Pregnancy, religion, age
Employer engaging in constructive dismissal
 Redress for Unfair Dismissals:

Financial Compensation- max 2 years

Re-Instatement- plus financial compo for lost
earning
Re-engagement- Job back but no compo for lost
earnings. Employee may have contributed to their own
dismissal