What is Unfair Dismissal?
Unfair dismissal happens when an employer fires you without a valid reason or doesn’t follow the proper procedure. Under UK law, if you’ve worked for the same employer for at least two years, you can challenge your dismissal if it seems unfair.
Automatic Unfair Dismissal
In some situations, employees are protected from dismissal, regardless of how long they’ve worked for the employer. This is known as automatic unfair dismissal. If your dismissal was for specific reasons, such as pregnancy, maternity leave, or requesting flexible working, you can challenge it even if you haven’t worked for two years. Other grounds for automatic unfair dismissal include whistleblowing or taking action on health and safety matters. You don’t need to meet the two-year employment requirement in these cases.
Grounds for Unfair Dismissal
Dismissals may be unfair if they lack a fair reason. Common reasons for unfair dismissal include:
- Misconduct: When accused of serious misconduct, but the dismissal doesn’t follow the correct process or isn’t proportionate.
- Capability: When dismissed due to claims you couldn’t do the job, but no support or opportunity to improve was offered.
- Redundancy: When dismissed due to redundancy, but the employer didn’t properly assess the need to eliminate your role.
- Discrimination: When the dismissal results from unfair treatment due to a protected characteristic, such as race, gender, age, or disability.
If your employer didn’t follow the correct process or didn’t provide a valid reason, the dismissal could be unfair.
What Should You Do If You Believe You’ve Been Unfairly Dismissed?
1. Check the Reason for Your Dismissal
Understand the reason behind your dismissal. Ask for a written statement from your employer outlining it if they haven’t already provided one. UK law entitles you to this.
2. Review Your Employment Contract and Company Policies
Check your contract and the company’s policies to see if the dismissal process followed agreed procedures, such as warnings or opportunities to improve for performance-related issues.
3. Gather Evidence
Collect any documentation supporting your case, such as emails, letters, meeting notes, and communication related to your dismissal. If any witnesses were present, gather their contact details.
4. Attempt to Resolve the Issue Informally
Before pursuing legal action, try to resolve the issue informally by contacting your employer. See if there’s a chance to reach a mutual agreement or settlement. Mediation or informal conversations can sometimes resolve the matter without an Employment Tribunal.
5. Seek Legal Advice
If informal efforts fail, seek legal advice. An employment lawyer can clarify your rights, review your case, and guide you through the claim process. Many lawyers offer a free initial consultation.
6. ACAS Early Conciliation Process
Before submitting a claim to an Employment Tribunal, you must go through the ACAS early conciliation process. This free, confidential service helps both parties reach a settlement without going to tribunal. ACAS acts as a neutral third party and facilitates negotiations. If conciliation fails, ACAS will issue a certificate to proceed with the claim. You cannot proceed to the tribunal without attempting conciliation unless the case is an automatic unfair dismissal.
How to Make a Claim for Unfair Dismissal
1. Submit a Claim to an Employment Tribunal
If you can’t resolve the issue with your employer, submit a claim to an Employment Tribunal within three months of dismissal. Complete an online form and provide claim details.
2. Prepare for the Tribunal
The tribunal will review evidence from both sides to decide if your dismissal was fair. Your lawyer can help ensure you have the right documentation and evidence to support your claim.
3. Attend the Hearing
If the case goes to tribunal, both you and your employer will present your sides. The tribunal will then make a decision, which could result in compensation, reinstatement, or a settlement.
Possible Outcomes
If the tribunal rules in your favour, you might be entitled to:
- Reinstatement: Your employer may offer you your old job.
- Compensation: If reinstatement isn’t possible or you don’t want your job back, you may receive compensation, including lost wages, awards for unfair treatment, and legal costs.
If the tribunal rules against you, you may not receive compensation or reinstatement, but you might still be entitled to a reference letter or other support.
Conclusion
Being unfairly dismissed can be stressful, but UK law offers strong protections for employees. If you believe your dismissal was unfair, act quickly: understand the reason behind it, gather evidence, and seek legal advice. Whether you resolve the issue informally or through a tribunal, knowing your rights and standing up for them is essential. With the right support and a clear understanding of the process, you can navigate the challenges of an unfair dismissal claim and work toward a fair resolution.
How 360 Law Services Can Help
If you’re facing an unfair dismissal claim, 360 Law Services can provide expert guidance and support. Our experienced employment law specialists can help you understand your rights, assess your case’s strength, and navigate the complexities of making a claim. Whether negotiating an informal resolution or preparing for a tribunal, we offer reliable legal advice tailored to your situation. Contact us today to discuss how we can help you achieve a fair and just outcome.
