Fair Dismissal

We know that there are some reasons for fair dismissal. Those are as following:

1. Misconduct;

2. Your capability or ability to do your job;

3. Redundancy;

4. A statutory restriction;

5. Some other substantial reason.

Now we discuss those reasons with some case reference

Blackman vs The Post office (1974)

Fact: In this case we can see that Blackman got the maximum number of opportunity during his job time but, and he still failed. He taken lots of chance for improve him, but he can’t, that why he was dismissed. It was held that as the taking of an aptitude test was a qualification requirement of that job his dismissal was fair.

But we know that, before dismissing an employee for incompetence, the employer should have give some time to change himself under the CODE OF PRACTICE ON DICIPLINARY PRACTICE AND PROCEDURE in employment. So no dismissal should be take place without formal warning providing the employee with an opportunity to redress his position. So Court of appeal held that the company had reasonable grounds for honesty for believing that he was incompetent.

British home stores v Burchell (1978)

Fact:  In this case plaintiff said that she was unfairly dismissed. Court also said that there is no reasonable reason for her dismissal. After that defendant was appeal to the higher court. This is an appeal by British Home Stores Ltd. against the decision of the Industrial Tribunal when they had to consider an application by Miss Burchell, said that in which she claimed that she had been unfairly dismissed by the present appellants. 

The prescriptions of sub-Para (8) Of Para 6 provided that, the evidence brought forward by management so as to discharge the burden, with the consequence that this was not, as we think, an unfair dismissal. So the appeal was allowed.

Williams vs. Compare Maxam Ltd (1982)

Fact: Compare Maxam Ltd was losing their business. So the company was wanted to reduce their employee. So the company was dismissed some employees. We know that redundancy is a fair reason for dismissal. Redundancies take place when there is no longer enough to work for an employee at a company. But the 5 workers claimed that their dismissal was unfair.

There is a generally accepted view in industrial relations that, in cases where the employees are represented by an independent union recognized by the employer, and reasonable employers will seek to act in accordance with the following principles:

The employer will seek to give as much warning from the employer;

The employer will seek to establish criteria for selection which so far as possible;

The employer will seek to ensure that the selection is made fairly;

The employer will seek to offer him alternative employment.

For these reasons the majority decision was not merely wrong, but wrong is that the decision offends common sense. So the judge Browne-Wilkinson J said that there was an error of law by reaching a conclusion so perverse on the facts. The dismissal selection was unfair.

Foot v eastern counties timber (1972)

Fact: In this case Mrs. Foot was employed as a wages and accounts clerk by the respondents. She was dismissed shortly after her husband. In this case the dismissal of a cashier who married her employer’s business competitor was held to be fair (Some other substantial reason). Because this is one of the reasons for fair dismissal.