10 Key Facts on Unfair Dismissal

1. You can only bring an unfair dismissal if you are an employee.
2. You must have two years of qualifying service at the point you are dismissed (technically, it is 103 weeks if you are summarily dismissed). If you have less service, you could potentially bring an ‘automatically unfair dismissal’ claim if the reason for the dismissal is due to discrimination or whistleblowing or some other exception to the two-year service rule.
3. There are five potentially fair reasons for dismissal: conduct, capability, redundancy, breach of a statutory duty or obligation and “some other substantial reason” (so-called SOSR).
4. The process an employer follows when dismissing must be a legally fair one. For example, in a misconduct case, the minimum requirements are, a reasonable investigation, a formal disciplinary meeting with notice and the right to appeal. In addition, there is a right to be accompanied by a Trade Union rep or work colleague in a disciplinary or appeal meeting.
5. It is for the employer to show that the reason for dismissal was fair. The first step, therefore, is to identify a potentially fair reason for dismissal. 
6. When dismissing, for the dismissal to be fair, the employer’s decision must fall within the ‘range of reasonable responses’ that a reasonable employer can make. Therefore, the Employment Tribunal doesn’t simply ask the question, is the dismissal unfair, but rather, looks at the decision from the perspective of the so-called reasonable employer.
7. The time limit for bringing an unfair dismissal claim is three months less one day from the so-called ‘effective date of termination’ (usually the last day of employment). An employee must start ACAS Early Conciliation by this deadline and lodge a claim within the relevant time limit.
8. If the employer is successful with an unfair dismissal claim, compensation can be awarded in the form of the basic award (based on length of employment and age at dismissal), and the compensatory award, which is based on the loss of income from the date of the dismissal, both elements of compensation being subject to a statutory limit, the current limit is £93,878
9. The Employment Tribunal will also consider reinstatement, placing the employee back in their job, or re-engagement, placing the employee in a similar job from which they were dismissed. Re-instatement/re-engagement orders are very rare).
10. If the employer fails to follow the ACAS Code of Practice (where it applies) then compensation can be increased by up to 25% at the discretion of the Employment Tribunal. Compensation can also be reduced for the same amount if the employee doesn’t appeal the decision to dismiss. 

Our Employment Team are always happy to help and can be contacted by calling 01302 341414 or by filling out our online enquiry form.

We have more articles on our website relating to unfair dismissal, here are two that you may find helpful:

• Asda employee, with Dementia, wins unfair dismissal claim 
• What is unfair dismissal?