Unfair Dismissal  

What is an unfair dismissal? 

Under the UK employment laws, there are five reasons stated as grounds for fair dismissal of an employee. These are: 

1. Redundancy  

2. Capability or performance 

3. Misconduct 

4. Another ‘substantial’ reason 

5. Continued employment would contravene a statute 

An unfair dismissal is where none of these reasons are applicable to the termination of your employment. As an employee, if you believe that you have been unfairly dismissed, you must contact a lawyer straight away to handle your claim.  

Facts you may not know about unfair dismissal

 1. You might be entitled to compensation, depending on the circumstances around your dismissal and an unfair dismissal solicitor will help you to make a claim at an employment tribunal  

2. If you felt like you were unable to work due to your employer’s actions, you may be entitled to claim for constructive dismissal  

3. You may also have a case for unfair dismissal if you were dismissed by your employer because of whistleblowing. 

4. Following this, you may also be able to claim for discrimination if you believe you have been dismissed unfairly. 

when is it unfair to dismiss someone?

The primary reason why a dismissal may be unlawful or unfair is when that dismissal has been discriminatory or based on protected characteristics. However, there are many other reasons for unlawful dismissal, such as:

1. If the employee has made a complaint about anything to do with their employment, such as being overworked, poorly treated or missing payments.

2. If the employee has inquired about anything to do with their employment, such as pay, benefits, tax or health and safety.

3. Being a member or intending to join a union.

4. Making or intending to make a complaint.

5. Filing or intending to file for a workers compensation claim.

6. Taking any form of lawful entitlement, such as sick leave, maternity leave or annual leave.

how can a lawyer help you with your unfair dismissal?

Legally, an employer only has 5 reasons to dismiss an employee: capacity, conduct, redundancy, contravening a statute or another legally viable reason (case dependent).

If your employer has threatened you with dismissal or has actually dismissed you in an unfair manner, you need to talk to a lawyer about your case. If you believe that you have been dismissed because of a protected characteristic or because of whistleblowing, then you employer has broken the law and you have a case against them.

A lawyer will help you with your early conciliation process through ACAS. Following this, your lawyer will be able to help you access any compensation that you are owed and will work hard to prove that your dismissal was unfair. Alternatively, if you haven’t yet been dismissed yet, but you fear that it is coming, your lawyer will be able to advise on your position and the next steps to take.

You and your lawyer can work together to discuss the best options for you, to gather any evidence that may be necessary and to discuss your options around tribunals and court proceedings. Your movement throughout your unfair dismissal case will be advised by your lawyer but is up to you in the end.