Dismissal can be unfair for a variety of reasons, i.e.:
- The employer lacks a fair reason for dismissing the employee
- The employer fails to follow the correct dismissal process
- The employer dismisses the employee for an automatically unfair reason (e.g., for taking maternity leave)
The importance of the distinction is simple: when an employee is dismissed for an automatically unfair reason, the employer has no defence to a claim for unfair dismissal.
This week, for example, The Herald published a story about a woman in Dundee whose employer stopped paying her statutory maternity pay, and then sacked her while she was still on maternity leave.
Automatic grounds for unfair dismissal:
Additional Information & Advice
You can obtain further information about unfair dismissal on FindLaw.
Depending on the circumstances of your case, however, it may be better to speak with a solicitor who specialises in employment law. You can be matched with an employment law solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action for your situation and whether you are ready to hire a solicitor.
And, again depending on your situation, they may be able to help you find a solicitor who will agree to take your case on a "no win no fee" basis, which means you don't have to pay for the solicitor's services unless you win your case.