Unfair Dismissals Act 1993

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Unfair Dismissals Act 1993
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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.

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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

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Why is she in such a bad mood????
Let me introduce my friends
Because she has brought legal proceedings against
Mr Employer
Oh No it is a P45 she has in her hand
She is his secretary.
Because she is a member of the travelling
community
And even if she is pregnant she can do her job
Because of her religious or political views
Because of her age
Because of her sexual orientation
Since I studied the Unfair Dismissals Act in
School I know it cannot be
Because she joined a trade union
Because of her race or colour
So it must be unfair
Wonder Why???
Miss Employee
Mr Employer
P45
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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 years continuous
  service, except where the dismissal is on the
  grounds of the employees pregnancy, trade union
  membership or the employees rights. under the
  following government acts National Minimum Wage
  Act 2000, Adoptive Leave Act 1995, Parental Leave
  Act 1998 or Carers 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.

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Are we are all covered
Yes
Except if we are working less than 8 hours per
week
Except if we have only been in the job for less
than year unless, it is in particular
circumstances
Except if we have reached retirement Age
Except if we are on a temporary contact
Except if we are an apprentice within 6 months
of commencement of his training or 1 month
after completion of the apprenticeship.
Except if we are under 16
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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.

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When is a dismissal fair?

• Incapability
• Incompetence
• Wrong qualifications or failure to get
  qualifications promised
• Misconduct
• Redundancy
• Illegality of employees work

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What can be done?
I have a choice to take my case to a Rights
Commissioner or the Employment Appeals Tribunal.
If I take the case to the Rights Commissioner and
am still unhappy, then I can go to the Employment
Appeals Tribunal.
If I feel I have been unfairly dismissed, WHAT
CAN I DO?
Im HAPPY
Look at the difference in my face.
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Constructive Dismissal

• This is where the employee resigns, but claims
  that his employers 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.

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Unfair Dismissals Act 1993

• THE END

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