What is Unfair Dismissal?

The phrase unfair dismissal isn’t always very helpful. The legal test for the fairness of a dismissal isn’t whether the dismissal is fair or not, instead, there are a number of elements to it that need to be kept in mind.

The first is reasonable, is it a fair reason for dismissal. For example, is it on the grounds of capability, the grounds of conduct, statutory illegality or redundancy. It has to be for a potentially fair reason first of all.

Then an employer’s got to follow a fair process before dismissing somebody. It depends on the type of dismissal. For example, if it was a misconduct situation, an employer would need to undertake an investigation first to reasonable investigation to establish whether there was any wrongdoing.

Following the investigation, they would then follow a fair process in terms of having a disciplinary meeting with the employee. Then beyond that, if they decide to dismiss they would need to offer an appeal as well. If the employer doesn’t have a fair reason, doesn’t follow a fair process and the employee has more than two years’ service and in those circumstances potentially the employee could bring the claim for unfair dismissal.

In addition to the above, for the dismissal to be fair, it will need to be a decision that only a reasonable employer would make.  A claim can only be brought if you have at least two years’ service.

Here is a video recorded by Head of Employment Law, Richard Lozano: 

Our Employment Team often see employees who have been effected by unfair dismissal. We understand that navigating the different processes can be a difficult and daunting time, this is where our employment specialists can help. Our team can be contacted by calling 01302 341 414 or by filling out our online enquiry form!

We also have a range of other articles you may find beneficial, here are three which we have hand-selected for you to read:

• Dealing with conflict in the workplace
• Difference between Unfair and Constructive Dismissal
• What is redundancy?

Reliance on Information

The information contained on this website is provided for informational purposes only and should not be construed as legal advice on any matter. You should not rely on the information published on this website. The information on this website does not take account of individual circumstances and may not reflect recent changes in the law. Do not act or refrain from acting upon this information without seeking professional legal advice: you are strongly advised to obtain specific, personal legal advice about your case or matter and not to rely on the information or comments on this website.