If you have been dismissed by your employer without good reason or your employer fails to follow a fair procedure then it is likely that your dismissal will be unfair and therefore you may be able to pursue an unfair dismissal claim in an Employment Tribunal.
Who can claim unfair dismissal?
In most cases you can only bring a claim for unfair dismissal if you have been continuously employed for a period of 12 months prior to the date of dismissal.
What makes a dismissal unfair?
In deciding whether a dismissal is fair or unfair the Tribunal will consider whether
- Your employer had a fair reason to dismiss you
- Whether the dismissal was reasonable in all the circumstances
Did the employer dismiss the employee for a fair reason?
Your employer must show that the reason or main reason for your dismissal was for one of the following fair reasons:
- It related to your capability (i.e. skill, attitude, health, physical or mental quality) or qualifications for performing work of the kind which you were employed to do
- It was connected to your conduct
- You have been made redundant
- You could not continue to work in the position you held with your employer without violating (either on your part or on that of your employer) a legal duty or restriction
- It was connected with some other substantial reason of a kind sufficient to justify your dismissal
Was the dismissal fair in all the circumstances?
If your employer establishes that they dismissed you for a potentially fair reason then the Tribunal will consider whether it was actually fair to dismiss you for this reason.
When considering whether your dismissal was fair, the Tribunal will consider all the circumstances surrounding the dismissal including the size and resources of your employer, the investigation process and procedure adopted by your employer.
What will I receive if I am unfairly dismissed?
If an Employment Tribunal finds that your dismissal was unfair, it may make the following orders:
- Re-instatement (for you to return to your original job)
- Re-engagement (for you to be placed in employment which is comparable to your original job or other suitable employment)
- Compensation (up to the statutory minimum limit)
Is there a time limit for bringing an unfair dismissal claim?
A claim for unfair dismissal must be presented to a Tribunal within 3 months less one day from the effective date of termination of the contract.
The effective date of termination is either the date that your notice period expires, the last day you attended work if you were dismissed without notice or, if you were employed on a fixed term contract, the date on which the fixed period expires and is not renewed.
If you consider that you have been unfairly dismissed or have any further questions about this claim, then please complete the enquiry form.
