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.

Share this article

Submit to FacebookSubmit to TwitterSubmit to LinkedIn

City office

Ronald Fletcher Baker LLP
326 Old Street
London EC1V 9DR
DX: 137773 Finsbury 5

Telephone
020 7613 1402

Fax
020 7613 2711  

 

West End office

Ronald Fletcher Baker LLP
77A Baker Street
London W1U 6RF
DX: 42722 Oxford Circus North

Telephone
020 7467 5757

Fax
020 7467 5758

Manchester office

Ronald Fletcher Baker LLP
111 Piccadilly
Manchester M1 2HY

DX: 6967003 Manchester 94 M

Telephone
0161 694 4404

Fax
0161 638 0930

Istanbul Office

Ronald Fletcher Baker Danismanlik Hizmetleri Avukatlik Ortakligi
Tesvikiye Cadessi
No: 28 Alhambra Apartmani
K:2
Nisantasi, İstanbul

Telephone
07736 364222

Emergency number

07538 490647

Ronald Fletcher Baker LLP is authorised and regulated by the Solicitors Regulation Authority. Company number OC345891

City office ID 512598
West End office ID 523362.
Manchester office ID 630156

V.A.T. registration number: 2206798 63VAT

"Partner" denotes a senior member of the LLP or an employee with the equivalent standing.

PII cover - Maven Underwriters, Aon Uk Limited. For further details please contact Rakeebah Rahim

http://www.sra.org.uk/solicitors/handbook/welcome.page

Website design by coolgrey

Photography: Camilla Greenwell

 

Get a free conveyancing quote

 

View our privacy policy

We encourage you to contact us in the first instance if you are unhappy with the service you receive from us. Contact John O’Callaghan, the complaints partner at j.ocallaghan@rfblegal.co.uk; alternatively in some circumstances you may be able to make use of the ODR platform.