Smile, or You’re Fired! A Curious Case of Unfair Dismissal

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    Smile, or You’re Fired! A Curious Case of Unfair Dismissal

    If you ever thought that the only requirement to do any particular job was to know how to complete tasks in as efficient a manner as possible, it’s perhaps time to think again. In some instances – perhaps a lot more than you might have thought – the manner in which you go about your daily business can make the difference between keeping a job and losing it.

    Most of us have, at some point in our lives, encountered people who seem unhappy in their jobs, and when they are in customer-facing positions this can cause a raised eyebrow or two. You would expect most men and women in such jobs to show at least a little enthusiasm, and of course to be friendly and, on the surface at least, reasonably pleasant.

    There have been many occasions, however, when an employer has chosen to terminate the employment of certain individuals purely because it was deemed they didn’t smile often enough. This may seem to some a rather petty and superfluous reason, but for the individual who loses his or her job the situation can be a highly serious and of course upsetting one.

    There can be no doubt that in many occupations, especially those which involve dealing with the public, an employer can expect the individual to have a reasonably happy demeanour. It goes without saying that a particularly miserable or unfriendly shop worker is unlikely to generate impressive sales figures, but where do you draw the line in this matter?

    Unless a contract specifically mentions the amount of smiling that is required in a job, the chances are that firing someone for not smiling enough will prove to be deemed an unfair dismissal by the courts. And a number of individuals who have been treated this way have successfully challenged such decisions with the help of a solicitor.

    While an employer will want potential customers and clients to feel welcome in any given establishment, employees are not robots. Therefore, expecting an automatic smile as and when necessary could be deemed unreasonable by the legal system. Every case is likely to be different, of course, but an employment law specialist can offer constructive advice in this rather difficult area.

    Smile – you’re on software!

    A Japanese railway company has installed specialist software that measures the smiles of female employees each day, and where necessary the workers are told to smile a little more because they aren’t quite cheerful enough. The implications of such Big Brother-style technology may seem frivolous, but for many people it’s the thin edge of a sinister wedge.

    Losing your job because you were deemed to be too unfriendly can be a serious and exceptionally upsetting body blow, especially if you feel the decision wasn’t a correct one. Thankfully, expert solicitors know how to sue for unfair dismissal, and their robust yet sympathetic approach can help you to seek the financial compensation you deserve.

    It isn’t easy for the average man or woman to know how to prove unfair dismissal or constructive dismissal, but with the experts on your side you can mount a claim in no time. Employers have the right to expect a professional approach to working from every member of staff, but citing insufficient smiling is rarely seen by the courts as an adequate reason for terminating employment. If you have been wondering about how to sue a company for unfair dismissal, the first step is a phone call to an expert solicitor.

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