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Unfair Dismissal

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Unfair Dismissal

Unfair dismissal occurs when an employee is dismissed from their job in a harsh, unreasonable, or unjust manner. The fairness of the dismissal is judged by considering whether the employer acted reasonably in the circumstances and whether proper procedures were followed.

The Employment Rights Act 1996 is the key piece of legislation governing unfair dismissal in the UK. This act outlines the rights of employees and the responsibilities of employers regarding dismissals. To claim unfair dismissal, employees must generally have worked for their employer for a minimum period — currently two years — although there are exceptions where no minimum period is required, such as dismissals related to discrimination, whistleblowing, or asserting a statutory right.

Fair Dismissal

For a dismissal to be considered fair, the employer must show that it was for a valid reason that they could justify as being sufficient to dismiss someone. These reasons typically include:

Capability or qualifications: Where an employee is not able to do the job they were hired to do.
Conduct: Involving an employee’s behavior at work.
Redundancy: When the employee’s job ceases to exist.
Statutory illegality: Where continuing to employ the person would contravene a law.
Some other substantial reason: A genuine business reason justified by the employer.

Process and Procedure

Even if an employer has a fair reason, the dismissal can still be deemed unfair if the process isn’t handled correctly. Employers must follow a fair procedure as outlined in the ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice on Disciplinary and Grievance Procedures. This includes investigating the circumstances thoroughly, informing the employee of the problem, giving them a chance to respond, providing a right to appeal, and, importantly, handling the process in a timely manner.

Remedies for Unfair Dismissal

Employees found to have been unfairly dismissed may be entitled to:

Reinstatement: Returning to their job as if they had not been dismissed.
Re-engagement: Being re-employed in a different job.
Compensation: Financial payment, which can include a basic award based on age, weekly pay, and length of service, and a compensatory award, which is meant to compensate for lost earnings.

The specifics of each case determine the appropriate remedy, and in many cases, financial compensation is the most common outcome.

Seeking Legal Advice

Due to the complexities of employment law and the nuances of each individual case, seeking expert legal advice is crucial. An employment law specialist can offer guidance based on the latest legislation and case law, helping ensure that the rights of both employers and employees are upheld.

This comprehensive understanding helps frame unfair dismissal not just as a legal fail-safe for employees but as a critical element of maintaining fairness and justice in the workplace.

Why Choose Ricci & Partners?

Expertise: We are experts in employment law and have a proven track record of successfully handling unfair dismissal claims. We are innovative in our approach and are known for our tenacity.

Personalized Service: We understand that each case is unique. We provide personalised legal solutions tailored to meet your specific needs.

Commitment: We are committed to upholding your rights as an employee and ensuring that justice is served.

If you believe you have been unfairly dismissed, contact us today for a free consultation.

Justina Ricci

Head of the Department
Employment Lawyer
justina.ricci@ricciandpartners.co.uk

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About Your Employment

If you have suffered a financial loss as a result of your dismissal you may be entitled to claim compensation.

Please enter your gross yearly salary.

Please enter your age.

Please enter how many years of service you have completed. For example, if you have worked for the employer for 4 years and 11 months, enter 4 years.

Your statutory notice is one week for every completed year of service unless your contract of employment gives more notice. Enter either your statutory or your contractual notice (whichever is greater). The calculator uses weeks, therefore if your notice is one month put 4 weeks and if your notice is 3 months put 13 weeks to get the closest result.

Injury to Feelings

You may be entitled to injury to feelings if you have suffered detriment or were dismissed as a result of discrimination, whistleblowing, raising health and safety concerns or because you have tried to enforce your statutory rights.

Do you think you may be entitled to injury to feelings?*

Financial Compensation

If you have suffered a financial loss as a result of your dismissal you may be entitled to claim compensation.

New Employment

Have you received your notice pay?*

ACAS

Has your employer followed grievance/disciplinary/appeal procedures?

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Frequently Asked Questions

What qualifies as unfair dismissal?

Unfair dismissal occurs when an employee’s employment is terminated without a fair reason or through an improper process. This could include dismissals that are not related to the employee’s performance or behavior, those that violate employment contract terms, or terminations that do not follow the procedural fairness required by law.

Do I need two years of service to claim unfair dismissal?

You need to have two years of service to bring a claim for unfair dismissal. However, certain reasons for dismissal are automatically considered unfair under UK law and do not require you to have two years of service. These include dismissals related to:

Pregnancy, including all reasons related to maternity.
Family reasons, including parental leave, paternity leave (birth and adoption), and time off for dependents.
Acting as a trade union representative.
Acting as an employee representative.
Joining or not joining a trade union.
Discrimination based on age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation.
Asserting a statutory right.

If you have been dismissed for one of those reasons, then you may be entitled to bring a claim for automatic unfair dismissal even if you do not have qualifying service of two years. For more information see Automatic Unfair Dismissal.

Can I claim unfair dismissal if I was made redundant?

Yes, if the redundancy was not genuine or the process was handled unfairly. This might include not properly consulting with employees, not following a fair selection criteria, or failing to consider suitable alternative employment within the company.

What should I do if I think I’ve been unfairly dismissed?

It is advisable to seek legal advice as soon as possible. An employment lawyer can assess your situation, advise you on the merits of your case, and help you understand the legal options available to you.

What are the potential outcomes of an unfair dismissal claim?

Outcomes can include reinstatement to your former position, re-engagement in a new role, or compensation. Compensation might cover lost earnings and include an additional award for the manner of the dismissal.

How is compensation for unfair dismissal calculated?

Compensation typically includes a basic award, calculated similar to a redundancy payment based on your age, weekly pay, and length of service, and a compensatory award, which is intended to compensate for actual and projected financial losses resulting from the unfair dismissal.

Are there time limits for making an unfair dismissal claim?

Yes, you must usually make an unfair dismissal claim to an employment tribunal within three months less one day from the date of your dismissal (subject to ACAS conciliation extension of time). Time limits are strict, so it’s important to act quickly.

What is the role of the employment tribunal in an unfair dismissal claim?

The employment tribunal evaluates the evidence from both the employee and employer, determines the fairness of the dismissal, and decides on the appropriate remedy if the dismissal is found to be unfair.

Can I settle the claim before it escalates to litigation?

Yes. A settlement agreement can be an excellent way to resolve a dispute without litigation. For you to be able to contact out of your statutory right to bring a claim for unfair dismissal, the settlement agreement has to comply with very strict requirements. You can also settle the claim through ACAS by entering into a COT3 agreement. For more information on how to settle a claim for unfair dismissal, get in touch.

How much will it cost me?

We offer different funding arrangements which include time fee, fixed fee and no win no fee. For more information on various funding arrangements and costs, please visit our Pricing page. Fees are an important consideration and so feel free to get in touch with us if you wish to discuss them or their estimate. We are open and honest about the fees and will always recommend the most commercially beneficial strategy for our clients.

Here is how we can help you

Settlement

Would you like to negotiate a settlement?

With the right support and knowledge of your rights, unfair dismissal claims are often settled out of court and without the need for a tribunal hearing.

Your lawyer would engage directly with your former employer or their legal representative to negotiate a settlement. This process involves discussing the circumstances of your dismissal and arguing for a compensation package that reflects your lost earnings, distress, and any other damages pertinent to your case.

Benefits:

Speed: Settlement negotiations are typically faster than tribunal proceedings.
Cost-Effectiveness: Avoiding a tribunal can reduce legal costs.
Control: You retain more control over the outcome.
Confidentiality: Settlements can be kept private, unlike tribunal decisions which are public.

Our team uses strategic negotiation tactics, backed by a thorough understanding of employment law, to ensure the best possible outcome for you.

For a free consultation please feel free to get in touch.

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Legal Advice

Do you need advice on your unfair dismissal claim?

Before you resort to litigation it is important that you understand the merits of your claim.

If you would like us to advise you on the merits, our legal team conducts an in-depth analysis of your employment situation, including reviewing your employment contract, the circumstances surrounding your dismissal, and all relevant communications with your employer. We assess against current laws and precedents to provide you with detailed advice on the viability of your claim.

Benefits:

Informed Decisions: You are better informed about whether to proceed with a claim.
Preparation: Understanding the merits of your case helps in preparing effectively for potential litigation or negotiation.
Transparency: We ensure you understand every aspect of your case, including potential risks and rewards.

This service is crucial for setting realistic expectations and deciding the best course of action based on a professional assessment of your case.

To schedule a free consultation, please book appointment now.

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Litigation

My negotiations failed. What now?

Should negotiations fail, or if it is more advantageous to go to trial, we will represent you at the employment tribunal. This includes preparing all necessary documentation, evidence, and witness statements; conducting the trial advocacy and handling all post-hearing matters.

Benefits:

Expert Representation: Our experienced employment lawyers have a strong track record of winning cases.
Comprehensive Support: We handle all aspects of the tribunal process, from initial filing to the final decision.
Maximised Outcomes: We aim to secure the maximum possible compensation or other remedies such as reinstatement.

Litigation can be a daunting prospect, but with our skilled team, you can be confident that your case is presented forcefully and effectively to achieve the best possible outcome.

Book free consultation with employment lawyer now.

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