Unfair Dismissal

Practical and constructive advice on an unfair dismissal claim

If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal.

For those employees starting work after 6th April 2012 you will need to have been employed for at least a 2 years to make a claim.

The onus is on you to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances.

There are 5 potentially fair reasons for dismissal:

  • Conduct
  • Capability
  • Redundancy
  • Breach of statutory restriction
  • Some other substantial reason.

The test for whether your employer acted reasonably in dismissing you is an objective one. They must show that dismissal fell within 'the range of reasonable responses' that a reasonable employer in those circumstances and in that business may have followed.

In complying with the above 2 requirements, your employer must also implement a fair dismissal procedure. According to the ACAS Code, in cases concerning poor performance or misconduct, your employer should:

  • Investigate the issues.
  • Inform you of the issues in writing.
  • Conduct a disciplinary hearing or meeting with yourself.
  • Inform you of the decision in writing.
  • Inform you of your right to appeal.

Only those who are employees can bring a claim for unfair dismissal.

If your claim is successful, the tribunal may make any of the following awards and will consider them in the following order:

  1. Reinstatement You are treated as if you were never dismissed
  2. Re-engagement You are employed by your employer in employment which is similar to the job you were dismissed from or a suitable alternative.
  3. Compensation

When deciding whether make an order of reinstatement or re-engagement, the tribunal must consider:

  • Your wishes
  • Whether your employer is able to comply
  • Whether you contributed to your dismissal.

In most instances a claim must be made within 3 months of the effective date of termination.

For an assessment of your situation please complete and submit our questionnaire buy clicking here. We will respond within 5 working days.

Tel: 0845 293 2729 . Email us . The Foundry, Euston Way, Telford, Shropshire TF3 4LY