Losing your job can be distressing, particularly if you believe the dismissal was unfair. UK employment law provides important protections to ensure employees are not dismissed without proper reason or procedure.
What Is Unfair Dismissal?
Unfair dismissal occurs when:
- An employer does not have a fair reason for dismissal, or
- The employer fails to follow a fair procedure
Under the Employment Rights Act 1996, potentially fair reasons for dismissal include:
- Conduct
- Capability or performance
- Redundancy
- Statutory restriction
- Some other substantial reason
Even where a fair reason exists, the employer must follow a reasonable and fair process.
Eligibility Requirements
In most cases, employees must have at least two years’ continuous service to bring an ordinary unfair dismissal claim.
However, certain dismissals are automatically unfair and do not require two years’ service. These include dismissals related to:
- Pregnancy or maternity
- Whistleblowing
- Trade union activities
- Asserting statutory rights
- Discrimination
Time Limits
Claims for unfair dismissal must usually be lodged within three months less one day from the effective date of termination.
Before issuing a claim, you must contact ACAS for Early Conciliation.
Compensation
If successful, an Employment Tribunal may award:
- A basic award (calculated similarly to redundancy pay)
- A compensatory award (based on financial loss)
There are statutory caps on compensation, except in certain automatically unfair dismissal cases.
What Should You Do If You Believe You Were Unfairly Dismissed?
- Request written reasons for dismissal
- Check whether a fair disciplinary or redundancy process was followed
- Gather relevant evidence
- Seek specialist employment law advice promptly
Early advice can help you understand whether you have a strong claim and whether a negotiated settlement may be appropriate.