What is Unfair Dismissal

Unfair Dismissal occurs when your employer dismisses you (e.g. you are fired) for an unfair reason, or your employer does not carry out the correct procedures.

An example of unfair dismissal would be where your employer calls you into their office and tells you that you are no longer required by the firm. There is no fair reason for the dismissal and there has been no proper procedure in deciding you are to be dismissed.

Remember - your employer must be able to show that the reason for your dismissal is genuine and not a sham. They must be able to show that they have acted fairly in dismissing you and that they have followed a fair procedure.

What is a fair Reason for Dismissal?

There are a number of possible FAIR reasons for your employer to dismiss you. They include misconduct (eg stealing), lack of capability to do the job, redundancy or if your employer is able to show some other substantial reason for dismissing you. This includes a number of possible scenarios such as where you are on a fixed term contract which has come to an end.

A Tribunal will decide whether it was fair to dismiss you by considering whether the decision to dismiss you was within a range of reasonable decisions that an employer might take in response to your situation. A Tribunal will also look at whether correct procedures were followed.

What is a fair Procedure?

Generally an employer must follow a three stage procedure if they are to dismiss you. They must advise that they are commencing a procedure which may culminate in your dismissal. They must invite you to a meeting and then inform you of their decision. They must also allow you the opportunity to appeal.

Remember - if an employer does not follow this procedure it is likely that the dismissal will be automatically unfair and you may get your award increased by up to 50%.

Your employer must also ensure that the procedure is carried out fairly, that the decision is not prejudged and that you are given an opportunity to state your case.

Unfair Dismissal Checklist

Have you been employed for a least a year?

Was there a fair reason for your dismissal?

Was it reasonable for your employer to dismiss you?

Was a fair Procedure followed?

More employment unfair dismissal legal advice site links

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