Unfair dismissal 371(v) for being a union representative;
(vi) for carrying out health and safety duties;
(vii) for refusing to work on Sundays (some workers do not have this protection);
(viii) in connection with a transfer of undertakings from one employer to another.
The effective date of termination
A claim must be brought before the employment tribunal within three months of the
effective date of termination of the employment. The effective date of termination can also
be important for calculating the amount of compensation. Section 97 ERA 1996 defines the
effective date of termination as:
(a) Where the contract is terminated by notice, the date on which the notice ends. It does
not matter whether the notice is given by the employer or the employee.
(b) Where the contract is terminated otherwise than by notice, the date on which the
termination takes effect.
(c) Where the employee is employed under a contract for a fixed term, which expires with-
out being renewed under the same contract, the date on which the fixed term expires.
Remedies for unfair dismissal
The three possible remedies for unfair dismissal are: reinstatement, re-engagement and
compensation.
Reinstatement
If the employment tribunal orders reinstatement, then the employee must be treated as if
he had never been dismissed. He will therefore get his old job back and recover back pay
for any time that he has not been allowed to work. The employment tribunal will set the
amount of back pay. Orders of reinstatement are rarely made.
Re-engagement
Here the employee is not given his old job back, but the employer is ordered to give him a
similar job. The employment tribunal will set out the terms of the employment.
Like reinstatement, re-engagement is not awarded very often. If an employee takes the
employer to the employment tribunal for unfair dismissal, this generally means that the
implied term of mutual trust and respect has been permanently breached.
Compensation
The basic award is calculated in the same way as a redundancy payment. First, the relevant
number of complete years of continuous employment is calculated. Then this figure is
multiplied by the normal weekly wage:
(i) For years worked while under the age of 22, each year of continuous employment
entitles the employee to half a week’s pay.
(ii) For years worked while over 22 and under 41 years old, each year of continuous
employment entitles the employee to one week’s pay.
(iii) For years worked while the employee was over 41, each year of continuous employ-
ment entitles the employee to one and a half week’s pay.