Who can claim for unfair dismissal?
If your employer dismisses you without good reason and/or without following an appropriate process, you can potentially raise an Employment Tribunal claim for either wrongful or unfair dismissal.
In order to raise a claim for unfair dismissal, you must satisfy a Tribunal that;
There are certain circumstances where employees with less than two years’ service can bring a claim for unfair dismissal. Examples of this include dismissal for health and safety reasons, as a result of whistleblowing, or on the grounds of race, sex, disability, age, sexual orientation or religion/belief. If there is any uncertainty in relation to whether you have the necessary service to bring a claim it is advisable to seek advice from an employment solicitor.
Potentially fair dismissals
When is a dismissal fair?
Dismissal is normally fair if an employer can show that it is for one of the following reasons:
Once an employer has shown that the reason for dismissal falls within one of the above categories the Tribunal will then consider whether in all the circumstances the employer acted reasonably.
Automatically unfair dismissals
Dismissals are classed as ‘automatically unfair’ if the reason for dismissal is connected to an employee exercising specific rights relating to:
This list is not comprehensive and we advise you to check with our specialist employment lawyers.
What is constructive dismissal?
An employee can claim unfair dismissal in certain circumstances when they resign.
In this situation, the employee has to demonstrate that there has been a fundamental breakdown in the employee / employer relationship.
Employees should think very carefully before resigning from their employment and claiming constructive dismissal and it is recommended that advice is taken prior to resigning.
What are the dismissal procedures?
The ACAS Discipline and Grievance Code of Practice sets out the basic procedural requirements but most employers have their own Disciplinary Policy which should be followed. For more information please see http://www.acas.org.uk/index.aspx?articleid=2174