Unfair Dismissal
A guide to employment tribunals
If you have recently left your job and you feel that
your employer ended your employment unjustly, then you may have
been a victim of unfair dismissal and may be entitled
to make a claim to an Employment or Industrial
Tribunal.
What is unfair dismissal?
There are several ways your dismissal could be unfair:
- Your employer did not have a fair reason for dismissing
you;
- Your employer did not follow the correct procedure when
dismissing you and/or acted unreasonably;
- You were dismissed for an automatically unfair reason, e.g.
maternity leave.
How a claim works
It will be up to you to show that you have been dismissed and
your employer must show they have:
- a valid reason for dismissing you;
- acted reasonably in the circumstances.
In most cases you will need to have a year's service to make
your claim.
Your employer will need to have investigated the situation
adequately and followed the steps in the statutory minimum
dismissal procedure (if it applies). If they don't follow the
minimum procedure, your dismissal is usually automatically
unfair.
If your employer has investigated fairly but come to the wrong
conclusion, this will not necessarily mean the dismissal is
considered to be unfair. Your employer must be able to show that
they've been consistent and have not dismissed you for doing
something that they normally let other employees do.
Claims Financial