In most cases, once an employee has completed the qualifying period (currently 2 years’ continuous employment), they have the right to not be unfairly dismissed. Dismissal of a qualifying employee will be deemed unfair unless the employer can prove the dismissal was due to a fair reason, such as:
- the employee’s conduct.
- the employee’s capability or qualification to fulfil their role.
- because of a redundancy.
- because of a breach of a statutory duty or restriction.
- because of some other substantial reason.
If, as an employee, you feel that you have been unfairly or been unreasonably dismissed by your employer, you have the opportunity to bring an unfair dismissal claim in the Employment Tribunal.
There are some dismissals which are deemed automatically unfair and, in these cases, employees do not need to have completed the qualifying period of employment. Reasons associated with automatically unfair dismissals include those connected to pregnancy or childbirth, whistleblowing, trade union activities, and health and safety activities.
If the Employment Tribunal supports the employee’s claim and finds that they have been unfairly dismissed, it can order that their employer reinstates you to your previous position. However, in most cases, it is more likely that an employee will be paid compensation.
Our employment solicitors have significant experience litigating unfair dismissal claims in the Employment Tribunals (though many cases are settled before that stage). Seeking advice early can help ensure that your case is properly prepared, which can avoid potential issues down the line.
We can advise you on the merits of your claim, and provide you with an indication of the amount you might expect to recover in an Employment Tribunal.
Our employment team may recommend exploring alternative routes to resolving your employment dispute. We can negotiate on your behalf to help try and settle your claim with your employer, agreeing on terms before proceeding to the Tribunal hearing.
Your employer may also try to settle your dispute before the matter is escalated to an Employment Tribunal. Employment settlements are usually recorded in a settlement agreement.