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
When is dismissal fair?
Your dismissal may be deemed as fair if it was for one of the
- A reason related to conduct
- A reason related to capability or qualifications for the
- Your post has been made redundant
- A statutory duty or restriction prohibited your employment
- Some other substantial reason of a kind which justifies your
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
- Was there a fair reason for your dismissal?
- Was it reasonable for your Employer to dismiss you?
- Was a fair procedure followed?
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.