Unfair Dismissal

If you have been dismissed or are considering dismissing someone its worth having in mind whether that dismissal with give rise to a claim for unfair dismissal. Some general guidance is set out below.

Who can bring a claim for unfair dismissal?

Subject to the exceptions below:

  • Employees who started work before 6 April 2012 must have worked for their employer for one year
  • Employees who started work after 6 April 2012 must have worked for their employer for two years

Is the dismissal unfair?

The dismissal might be unfair if the employer has not acted reasonably and cannot justify it using any of the following reasons

  • Redundancy
  • Ability
  • Conduct
  • Some other substantial reason,

If the dismissal is for one of the following reasons, the dismissal may be automatically unfair. If this is the case there is no minimum period of employment:

  • Pregnancy or pregnancy – related (including maternity, paternity, adoption, and parental leave)
  • Because of trade union or employee representation activities
  • Because of a spent conviction
  • Whistleblowing
  • Trying to enforce employment rights or the rights of others
  • Pay and working hours, including full and part time working, annual leave, and minimum wage

Please call us on 0207 467 5750 to speak to one of the team about any issues related to unfair dismissal.

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