What is Unfair Dismissal?
Unfair dismissal occurs when your employer terminates your employment without a fair reason or fails to follow proper procedures. In the UK, most employees have the right not to be unfairly dismissed after completing two years of continuous service.
Valid Reasons for Dismissal
Employers can only dismiss employees for one of five potentially fair reasons: capability or qualifications, conduct, redundancy, statutory restriction, or some other substantial reason. However, even with a valid reason, the dismissal can still be unfair if the employer fails to follow proper procedures.
Automatically Unfair Dismissals
Some dismissals are automatically unfair regardless of your length of service, including dismissal for pregnancy, requesting flexible working, whistleblowing, or asserting a statutory right.
Making an Employment Tribunal Claim
If you believe you have been unfairly dismissed, you must submit your claim to an employment tribunal within three months minus one day of your dismissal date. It is advisable to seek legal advice from an employment solicitor as soon as possible.
Compensation for Unfair Dismissal
If your claim is successful, you may be awarded a basic award and a compensatory award. The basic award is calculated based on your age, length of service, and weekly pay, while the compensatory award covers your actual losses resulting from the dismissal.