Unfair dismissal occurs when an employee has been dismissed by his/her employer and believes that dismissal was unfair in some way. If your dismissal was not for one of five potentially fair reasons (misconduct, incapability, redundancy, illegality (such as a driver losing his driving licence), or “some other substantial reason”) or your employer did not take you through a fair procedure, you could potentially have a valid claim for unfair dismissal.
Common situations in which a dismissal is deemed unfair:
- the redundancy is not genuine, i.e. the position was not actually made redundant;
- the employer did not follow correct procedures in effecting the dismissal;
- the employee was terminated as a result of unsatisfactory performance, however the employee was never notified of any issues relating to their performance in the lead up to their termination;
- there is no actual valid reason for the dismissal; or
- the employee was not given an opportunity to formally respond to the reasoning behind the dismissal.
If you think that you have been unfairly dismissed there are certain criteria you need to meet in order to pursue an unfair dismissal claim in an employment tribunal:
- You must be an employee (not self-employed or working through an agency);
- You must show you were dismissed;
- You must have at least two year’s continuous employment;
- You are in employment in Great Britain; and
- You must submit your claim to an employment tribunal within 3 months less one day of the dismissal date.
If you’re an employee – we will consider your employer’s reasons for dismissing you, and the process that has been followed, in order to advise you of your rights, how to challenge the dismissal, and what compensation may be available to you, whether through the employment tribunal or via an out of court settlement.
For more information, please call the employment team on 0161 834 2623.