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Unfairly sacked from work?
Getting the sack can come as a bit of a shock to the system. It can also be the end result of a situation you have seen coming down the road for a while. Whatever the circumstances, it’s important to remain cool. Let the anger and/or surprise of rejection subside and then assess your situation, calmly. If you hated the job and are relieved to be rid of it, then you might decide to heave a sigh of relief and move on. However, if you feel that you have been treated unfairly you may decide to take things further.
There are various ways in which you can challenge a dismissal – you may believe it is discriminatory (whether it is on the grounds or race, sex or disability), or that you have been dismissed for poor performance without your employer following a proper disciplinary procedure. You may believe that your dismissal is unlawful because it is related to pregnancy or maternity leave, or that you have been made redundant in circumstances you do not believe are genuine.
If this is the case it might be possible to take your case to an employment tribunal. Say your employer claimed that you were performing poorly and dismissed you, yet someone else of the opposite sex, who was performing to the same standard, was not dismissed, then you might have a sex discrimination claim. The Sex Discrimination Act says it is unlawful for you to be dismissed because of your sex or marital status.
Your employer should have a disciplinary procedure, dismissal or redundancy policy in place. If they have not followed their dismissal procedures correctly, then you might have a claim of unfair dismissal under the Employment Rights Act. Also, look at their procedures to see that they themselves are not discriminatory. For instance, if your employer’s redundancy policy says that part-timers will be the first to go and all the part-timers are women, then this could be discriminatory.
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