Employment (Individuals)

Unfair Dismissal

Every employee who has over one year of continuous employment (subject to some exceptions) has the right to bring an action for unfair dismissal against their employer. An employer who dismisses a qualifying employee will be vulnerable to a claim for unfair dismissal in the employment tribunal unless the employer can show a potentially fair reason for the dismissal.

There are 5 potentially fair reasons: conduct; capability; redundancy; breach of a statutory restriction; some other substantial reason. The procedures used in the lead up to and final dismissal must also be fair.

If an employment tribunal finds that the dismissal is unfair it can order the employer to re-engage or reinstate the employee or, more commonly, pay the employee compensation.

If your employer dismisses you, they must follow a fair procedure as set out in the Acas Code of Practice. If you wish to bring a claim against your employer for unfair dismissal, you must do so within 3 months of being dismissed. If you want to discuss the circumstances surrounding your dismissal and wish to claim against your employer in the employment tribunal, contact our Employment Team today for friendly, practical advice.