Unfair dismissal

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.

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 dismissal?

To challenge your dismissal at an Employment Tribunal, you must bring a claim within 3 months from the date of your dismissal.  Prior to submitting a claim at an Employment Tribunal, you must use ACAS’s Early Conciliation procedure.  This is a free service and may resolve your potential claim, before starting legal proceedings.

Information on ACAS Early Conciliation can be found at http://www.acas.org.uk/index.aspx?articleid=4028

Or call Harsha or Caroline on 01923 238 427 for free initial telephone advice