Unfair Dismissal

Unfair dismissal law protects employees from being dismissed from their job unless the employer has a valid and justifiable reason, such as gross misconduct or redundancy.  Retirement is no longer a fair reason for dismissal. In any case, your employer should follow a fair procedure before dismissing you, which may involve a disciplinary hearing or you may have a claim for unfair dismissal.

Unfair dismissal cases must be considered according to their individual facts. In most cases, to bring a claim for unfair dismissal, you will need to have been working for your employer for at least 51 weeks. There are exceptions to this including where an employee has been dismissed for whistle-blowing, being pregnant, discrimination or exercising your employment rights, when your dismissal will be considered to be automatically unfair, regardless of your length of service.

Unfair dismissal can also include situations where your employer has breached the employment contract in such a way as to force you to resign. This is known as a constructive dismissal.

If you have been unfairly dismissed, you should seek legal advice as early as possible as there are strict time limits on making a claim to the Employment Tribunal. We can assist you in appealing against your dismissal, negotiating with your employer to obtain a settlement, and advise you on the merits of your claim and the level of compensation payable.