Unfair dismissal

Unfair Dismissal – Protecting Your Employment Rights

In the United Kingdom, all employees have the right not to be unfairly dismissed. Generally, this protection arises after completing two continuous years of employment. However, there are important exceptions. Certain dismissals are automatically deemed unfair, such as those related to pregnancy, health and safety concerns, or the exercise of employment rights.

If you are unsure whether you have grounds for an unfair dismissal claim, please contact our specialist employment solicitors for expert advice.

Unfair Dismissal – Time Limits

Strict time limits apply to unfair dismissal claims. You must commence the early conciliation process through ACAS within three months minus one day of your dismissal date (not the date of any appeal decision). Once you receive the ACAS Early Conciliation Certificate, you will generally have one month to submit your claim to the Employment Tribunal. Extensions may apply in certain circumstances.

Can You Make an Unfair Dismissal Claim?

To bring an unfair dismissal claim, you must have been employed under a contract of employment, rather than working as a self-employed contractor or agency worker. Your written contract should clarify your employment status. If you are uncertain, we can assist in reviewing your employment documents to determine your eligibility.

Do You Have a Case?

An employer may dismiss an employee fairly for limited reasons, including:
• Capability to perform duties
• Conduct
• Genuine redundancy
• Breach of a statutory duty
• Another substantial reason

The Employment Tribunal will consider all the circumstances, including the length and quality of your employment, to determine whether your dismissal was fair.

The Disciplinary Procedure

If you have at least two years of continuous service, your employer must follow a fair disciplinary process before dismissal. This should include a proper investigation, a disciplinary hearing, and the right to appeal.

What Can You Achieve at the Employment Tribunal?

The most common remedy for unfair dismissal is financial compensation. In some cases, the Tribunal may order reinstatement to your former role or re-engagement in a comparable position.

Take Action Today

If you believe you have been unfairly dismissed, do not delay. Contact our employment law specialists for an initial consultation and let us help you secure the justice you deserve.