What is Unfair Dismissal?

The employment team at Askews Legal LLP are experienced in dealing with all types of unfair dismissal claims, but what do they involve?

Unfair dismissal occurs when an employee is dismissed from their job in a manner that violates their legal rights. In the UK, employees are protected by the Employment Rights Act 1996, which sets out specific rules regarding the termination of employment. To bring an unfair dismissal claim, employees must typically have been employed for at least two years (the new Labour Government is looking to bring in changes to give all employees the right to bring an unfair dismissal claim from day one of their employment).

There are several reasons a dismissal may be considered unfair. These include:

The employer did not have a valid reason for the dismissal.

The dismissal was not handled in a fair and appropriate manner.

• The employer failed to follow proper procedures, such as conducting a fair investigation or giving the employee an opportunity to explain their side.

What is Automatically Unfair Dismissal?

In certain situations, dismissal is deemed automatically unfair, regardless of the circumstances. These situations involve dismissals related to an employee’s legal rights, such as:

• Dismissal for participating in lawful industrial action.

Dismissal for asserting a statutory employment right, such as requesting maternity leave or whistleblowing.

• Dismissal for reasons linked to discrimination, such as gender, race, or disability.

Dismissal for reasons related to health and safety, such as refusing to work in dangerous conditions.

In cases of automatically unfair dismissal, employees are not required to have two years of continuous service to bring a claim. This provides additional protection for workers in vulnerable positions.

How do I dismiss an employee fairly?

If an employer decides that dismissal is necessary, it is crucial to follow a fair and transparent process. Dismissal should be considered a last resort, and employers must ensure that they have valid reasons and have given the employee adequate warning.

Here are the steps to dismiss someone fairly:

1. Establish a Fair Reason for Dismissal

2. Follow a Fair Process

3. Give Warnings Where Appropriate