What is unfair dismissal?
Unfair dismissal is when your employer dismisses you for an unfair reason or they do not follow the correct process when they are dismissing you.
What are fair reasons for dismissal?
If your employer dismisses you for one of the following reasons, they will have a potentially fair reason:
- a reason relating to your conduct, or
- a reason relating to your capability to do the job or your qualifications, or
- due to a redundancy situation, or
- because there was a legal reason why your employer could not continue to employ you, or
- because of some other substantial reason which would justify your dismissal
What is the correct process that my employer should follow?
If your employer is dismissing you, they should follow the process outlined in the ACAS Code of Practice on disciplinary and grievance procedures.
Examples of unfair dismissal?
Unfair selection for redundancy; for example, your employer needs to make some redundancies but they do not follow fair criteria;
Or your employer dismisses you with immediate effect for a minor mistake without giving you the opportunity to improve your work.
Can I challenge my dismissal?
An unfair dismissal claim will mean challenging the fairness of your employer’s reason for dismissing you, or, the procedure that your employer followed when they dismissed you.
What are the time limits for challenging a redundancy dismissal?
To challenge your dismissal at an employment tribunal, you must bring a claim within 3 months from the date of your dismissal.
If you believe that your employer has failed to comply with fair dismissal or redundancy law, contact Harsha Moore or Caroline Rowlands on 01923 238 427.