What is unfair dismissal?
If your employment is ended by your employer when they do not have a fair reason, you may have a claim for Unfair dismissal. You may also have a claim even if your employer does have a valid reason for your dismissal but doesn’t use the correct procedure.
If you are dismissed because you have asked for flexible working, joined a trade union, applied for maternity leave, or exposed wrong doing in the workplace, then your dismissal may be automatically unfair.
If your employer is dismissing you when you have not done anything wrong or your performance is good then this may be unfair. Even if you have done something wrong or your performance has slipped then in order to dismiss you fairly your employer has to follow the correct procedure and act reasonably
What do I do if I have been unfairly dismissed?
If you’re dismissed and want to explore whether you have a claim then please call to speak with Joanne Briscoe. You will first have to go through Acas for pre-claim early conciliation where we will try and settle your claim out of court – this is a mandatory step. If this is not successful then your next step will be to go to an employment tribunal. In most cases you must have worked for your employer for at least 2 years but there are some exceptions to this rule. If you choose to go to a tribunal, it’s up to you to prove you have been unfairly dismissed, you should therefore keep copies of all correspondence, sent and received, as well as making notes of all actions and events surrounding your dismissal – this will be important evidence.
Can I claim unfair dismissal if I haven’t been employed for 2 years?
There are some situations where you can bring an unfair dismissal claim without having to show that you have two years’ service. These are situations where the law says your dismissal is automatically unfair and include for example where you have been dismissed for a reason connected to pregnancy, reporting health and safety breaches, refusing working Sundays when you have a legal right to refuse, carrying out jury service, making a flexible working request or if your dismissal is because of discrimination.
If you think you have been unfairly dismissed, please contact our specialist Employment Law Team on 01384 811 811.
Annabel O’Nions
