What is unfair dismissal?
Dismissal can be unfair for a variety of reasons, i.e.:
- The employer lacks a fair reason for dismissing the employee (e.g.,
there was nothing wrong with the employee's job performance)
- The employer fails to follow the correct dismissal process
- The employer dismisses the employee for an automatically unfair reason
Who can claim unfair dismissal?
Under the Employment Rights Act, only employees that have a year's continuity of service at the date of dismissal, or who have been dismissed without notice and are within a week of gaining a year's continuity of service, can claim unfair dismissal.
How do you claim unfair dismissal?
Are there any time limits?
Yes! You must comply with strict and very short time limits to claim unfair dismissal. Normally a claim must be brought within three months of the last day of employment, counting the last day of employment as the first day of the three month period.
Do I need a solicitor?
Employees may represent themselves before an employment tribunal, but seeking the counsel and representation of a qualified employment law practitioner is highly recommended.
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.
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.
What does the employment tribunal do?
The employment tribunal will consider your claim and determine whether the decision to dismiss you was fair and reasonable. It is important to note that the tribunal is not allowed to impose its view of what is reasonable on your employer. Instead, it must judge the reasonableness of your employer's decision to dismiss by the standard of a "band of reasonable responses" of reasonable employers.