I agree until you get to the quite legally part. Could an employer dismiss somebody legally for being an English, Black, Lesbian, Disabled, Catholic, because she took time off of work whilst pregnant to look after a dependant, just because she was English, Black, Lesbian, Disabled and Catholic?
Unfair or wrongful dismissal is not legal. You can be wrongfully fairly dismissed and visa versa. One breaches common law, the other statute. Both are unlawful, in my opinion. However, I am only too willing to learn, so please explain where I may be wron
Apologies, I should have added the caveat of unless it's for reasons of race/colour/sexuality etc that are covered by separate legislation and which you can't sack for. However it would have to be proved that this were the case and it wasn't just for the fact that the staff member was completely useless.
Unfair dismissal is just that, it's unfair. There are no legal consequences for the employer other than to pay recompense as determined by an ET if found against the employer (or settle pre-tribunal which is what tends to happen more often). They don't get their job back. Our legal advisers are clear that in theory, whilst being unethical, we could if needed get rid of someone by firing them though we'd probably be tribunalled for it, but it isn't against the law, it just may be seen as unfair by a tribunal. There's really no such thing as common law when it comes down to it.
Whilst this does happen it clearly isn't anywhere you'd want to go unless there was a really big problem and it hasn't happened since I've been with the company.
Anyway, I digress, back to the thread!
