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Unfair Dismissal

Unfair Dismissal Claim

One of the most common claims in the Tribunal is unfair dismissal. Once employees have worked for their employer for 2 complete years they gain full unfair dismissal protection.

This means that an employer can only dismiss employees for one of five potentially fair reasons:

  • Capability or qualifications
  • Conduct
  • Redundancy
  • Breach of statutory duty or restriction
  • “Some other substantial reason”

In addition, the process that they follow to dismiss an employee must be fair and reasonable.

If you have been dismissed for a reason that was not potentially fair and/or if your dismissal was not procedurally fair, you can present a claim to the Employment Tribunal.

If the Tribunal agrees that the dismissal was unfair then they will generally award you compensation.

In some circumstances even if you have been dismissed for a ‘fair’ reason there might be a situation where you have not been paid your contractual notice payment (including accrued holiday pay) and in those circumstances there might be a claim for ‘breach of contract’ or ‘wrongful dismissal’.

Furthermore, in circumstances where an employer’s actions have made the continuance of the employment contract to be impossible (that is the relationship of trust and confidence has broken down) there might be a situation where you are entitled to leave your employment and claim for ‘constructive dismissal’.

This is a complicated area and it would not be wise for an employee to assume that ‘constructive dismissal’ will be made out, so it is always imperative to seek expert advice before deciding to leave your employment.

If you think that you may have been unfairly dismissed, we can advise you whether you have a claim and how the case is likely to proceed in the Tribunal.

 

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