Below is a question we received recently from a client about whether she had been unfairly dismissed and the response we provided:
I have just lost my job in which I have worked for the past 10 years. I was a secretary to the Chief Executive of a large haulage company based just outside Belfast.
I was involved in a minor car accident last Tuesday making me two hours late. I had previously received a written warning about time keeping having been late several times over a space of a few months but the warning had expired more than 3 years ago. I have not been late in the time since.
I was called into my line manager’s office on Wednesday and told “we are not going through all this again” and because of the previous warning, I was told that I was out of a job.
It seems very unfair to me. Is there anything I can do about this?
Susan
Dear Susan
From what you say, it sounds to me like you have a strong claim for unfair dismissal.
If an employer wishes to dismiss a member of its staff, it must follow strict procedures before taking the decision to dismiss.
If the possibility of dismissal arises, an employer must send the employee a letter inviting them to a meeting to discuss the issues. The employee is entitled to be accompanied to the meeting by a colleague or trade union representative. After the meeting takes place, the employer should then make its decision and inform the employee the right to appeal.
In Northern Ireland, a failure to follow the procedure can result in the dismissal being ruled automatically unfair whereas in the rest of the UK, compensation can be increased by up to 25%.
When calculating compensation, the Tribunal will consider whether the decision to dismiss would have been fair had the employer had followed the correct procedures. For the dismissal to be fair, an employer must:
- Believe that the employee was guilty of the alleged misconduct; and
- Have reasonable grounds for that belief; and
- The decision to dismiss must be reasonable in all the circumstances
As you do not dispute that you were late, a Tribunal would only need to decide whether the dismissal was reasonable. As you had not been late in at least 3 years and your previous warning had expired, it is highly likely that it would be considered unreasonable to dismiss you.
This would mean you would be entitled to compensation equal to one week’s pay (a week and a half for each year when you were aged 42 or more) for every full year you were employed plus compensation for loss of pay and benefits in the future. A claim must be submitted 3 months less one day from the date on which you were dismissed.
Paul
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