Unfair Dismissal - Your Questions Answered
Losing your job can be a stressful and uncertain time. If you believe you have been unfairly dismissed, it is important to understand your rights. At Blythe Liggins, we frequently advise individuals and businesses on all aspects of unfair dismissal. Our expert solicitor, Julia Woodhouse, answers some commonly asked questions.
Q: What is unfair dismissal?
A: An employee has the right not to be unfairly dismissed after they have completed at least two years’ continuous service with their employer (unless the dismissal is for an automatically unfair reason, in which case there is no qualifying period).
A dismissal is unfair if the employer does not have a fair reason for the dismissal and/or if they fail to act reasonably in treating that reason as a sufficient reason to dismiss.
Q: What are the potentially fair reasons for dismissal?
A: The law sets out a limited number of potentially fair reasons for dismissal:
- Capability or qualifications: If an employee is poorly performing or is sick (capability) or lacks the qualifications required for the job.
- Conduct: If an employee has committed misconduct.
- Redundancy: Where there is a closure of a business; the closure of a particular site or office (but not the whole business); or there is a reduced need for workers to do a particular kind of work.
- Illegality: If continuing to employ someone would breach the law (e.g. if they no longer have the right to work in the UK).
Some other substantial reason (SOSR): This is a broad category which can cover various legitimate business reasons for dismissal, such as a business reorganisation, amongst other reasons
Q: Is my employer acting reasonably?
A: Your employer needs to follow a fair procedure in relation to the reason for your dismissal.
- Conduct: If there are allegations of misconduct, your employer would need to follow a disciplinary procedure, before dismissing you. Employers should follow a disciplinary procedure which complies, as a minimum, with the ACAS Code of Practice on disciplinary and grievance procedures.
- Performance: Your employer may also have a separate Capability/Performance procedure which they should follow, if there are allegations of poor performance.
If your employer dismisses you for other potentially fair reasons (sickness, qualifications, redundancy, SOSR or illegality), they will still need to follow a fair procedure which will depend on the reason.
Q: What should I do if I believe I have been unfairly dismissed?
A: If you believe you have been unfairly dismissed, you should:
- Gather any relevant documentation: This includes your employment contract, payslips, letters or emails related to your dismissal and any relevant company policies.
- Seek legal advice as soon as possible: At Blythe Liggins, we can assess your situation, explain your rights, and advise you on the best course of action.
Q: What remedies are available if an Employment Tribunal finds that I have been unfairly dismissed?
A: If your claim for unfair dismissal is successful, the Employment Tribunal can order compensation or (less often) order your employer to reinstate you to your old job or re-engage you in a comparable job.
Q: Can I settle my Unfair Dismissal claim out of court?
A: Yes – we will explore with you the possibility of seeking to settle any unfair dismissal claim, before making a claim to the Employment Tribunal.
We often approach employers to see if we can reach a mutually agreeable settlement for our employee clients. If you and your employer agree to settle your claim, your employer will usually ask you to do this, by signing a Settlement Agreement. In return for settling your claims, your employer will normally agree to pay you compensation and agree a reference with you, amongst other terms, see Settlement Agreements
Q: Can you help me make an Unfair dismissal claim to the Employment Tribunal?
A: Yes – if you and your employer cannot reach an early settlement or if you prefer to make an Unfair Dismissal claim to the Employment Tribunal, we will advise you about making a claim. We can advise you about the ACAS Early Conciliation process, make a claim to the Employment Tribunal on your behalf, as well as prepare your case for a final hearing.
Q: Can you help me make an Unfair dismissal claim to the Employment Tribunal?
A: Yes – if you and your employer cannot reach an early settlement or if you prefer to make an Unfair Dismissal claim to the Employment Tribunal, we will advise you about making a claim. We can advise you about the ACAS Early Conciliation process, make a claim to the Employment Tribunal on your behalf, as well as prepare your case for a final hearing.
Get in touch on 01926 884745 to find out how Julia can help you with Employment Law.
Disclaimer: *This blog provides general information and does not constitute legal advice. You should always seek professional legal advice in relation to your specific situation.*
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