Unfair dismissal is a statutory right that allows employees who believe they have been dismissed unfairly to bring a claim for compensation in the Employment Tribunal.
In most cases, the employee must have been employed by the same employer continuously for two years in order to bring a claim for unfair dismissal, although this requirement does not apply if the employee claims that they were dismissed for a proscribed reason - e.g. as a result of discrimination, whistle-blowing or Trade Union activities. If the employee claims that they have been dismissed for a proscribed reason, they do not have to have two years service and compensation is unlimited. In some instances, the dismissal might automatically be unfair.
A dismissal is only fair if it relates to one of five reasons - conduct, capability, redundancy, frustration of contract or 'some other substantial reason', and the employer must act reasonably in relying upon one of these reasons when dismissing an employee. The employer must act reasonably in relying upon one of those reasons when dismissing an employee. The employer must also follow a reasonable procedure when taking action that may lead to an employee's dismissal.
Compensation is capped at an amount fixed by the Government every year. The level of compensation payable to an employee who has been dismissed unfairly is currently undergoing review by the Government. However, it is based on the loss of earnings suffered by the employee as a result of having been dismissed. Whilst it is usual for an Employment to award full loss of earnings, they have wide discretion to award a lesser amount if they feel it is just and equitable to do so.
Employers - if you have an employee who is bringing or is likely to bring an unfair dismissal claim, we can advise you as to the best way of defending such claims and bringing them to a speedy resolution. If the case proceeds to a hearing, our highly experienced team can provide you with representation at the hearing.
Employees - if you feel that you have been unfairly dismissed, we can advise you on the merits of your claim, what it is likely to cost you and what you might expect to receive. We can prepare your claim, negotiate with your employer (if appropriate) and represent you at the Tribunal hearing.
