Employees Unfair Dismissal
An unfair dismissal claim can arise where an employer does not have a good reason for dismissing and they fail to adhere to a fair and reasonable procedure.
What is a fair reason to dismiss?
Your employer should confirm the reason why you are being dismissed. There are five potentially fair reasons for dismissing you: conduct, capability, redundancy, statutory restriction and some other substantial reason. However, it does not necessarily follow that if you are dismissed for one of these reasons that your dismissal is fair. Where your employer can establish that there was a fair reason to dismiss, it is still for the Employment Tribunal to decide whether the dismissal was fair or unfair and that it acted reasonably.
How important is it for my employer to follow a correct process?
It is very important that your employer adheres to the correct process. Even where there is a justifiable reason to dismiss you, the dismissal could still be unfair if your employer did not follow a correct process.
What could I do if I believe that I have been unfairly dismissed?
Your employer should allow you the right to appeal the decision to terminate your employment, for example, if you have been made redundant. Your employer should provide you with details of their appeal process and how to appeal.
What if my appeal is unsuccessful?
If your appeal is unsuccessful, you may have grounds to pursue a claim of unfair dismissal at an employment tribunal. There could also be other claims too, for example, wrongful dismissal. You must have the requisite length of service to be entitled to issue a complaint of unfair dismissal, however, there can be exceptions, for example, a claim of discrimination. There are strict timeframes for issuing claims and there is a mandatory requirement to formally consult ACAS (the Advisory, Conciliation and Arbitration Service) before a claim is issued at an employment tribunal. This is to enable the parties to resolve the issue by means of conciliation before litigation.
What outcome might I expect if I win a claim?
You could seek re-instatement of employment (a return to your former job), re-engagement (a return to a suitable alternative job of that you were previously dismissed from) or financial compensation.