Unfair Dismissal

Unfair Dismissal occurs when your Employer dismisses you for an unfair reason and/or the Employer does not follow the correct procedure for the dismissal.

A Claim for Unfair Dismissal must be submitted to an Employment Tribunal within three months from the effective date of termination of the employment (usually this will be the date of leaving the job).

When is dismissal fair?

Your dismissal may be deemed as fair if it was for one of the following reasons:

• A reason related to conduct
• A reason related to capability or qualifications for the job
• Your post has been made redundant
• A statutory duty or restriction prohibited your employment continuing
• Some other substantial reason of a kind which justifies your dismissal

 

What should your employer do?

If your Employer is going to dismiss you they should:

• Advise you that they are commencing a procedure that may result in your dismissal
• Invite you to a meeting and inform you of their decision followed by notice in writing
• Allow you the right to appeal your dismissal

Could you have a claim for unfair dismissal?

To have an Unfair Dismissal claim, you need to consider:

• Have you been employed for 12 months? - If not, you cannot make a claim for Unfair Dismissal unless one of the statutory exceptions applies.
• Was there a fair reason for your dismissal?
• Was it reasonable for your Employer to dismiss you?
• Was a fair procedure followed?

Get advice!

If you think you may have a claim for unfair dismissal, contact our employment solicitors for a free, no obligation discussion of your case. If we think you have a case, we can help you to take the next steps towards making your claim. Call freephone 0800 422 0241 or complete our contact form and we will get back to you.