Unfair Dismissals
Sometimes you may find yourself as an employer in a difficult situation whereby you are accused of unfair dismissal. This may be because you do not have any policies and have taken steps without fully appreciating the law. On the other hand you may have policies as an employer, but you have failed to follow the policies. In any event, it is essential that if faced with a claim for unfair dismissal you carry out a full investigation, collate all information and ensure that you check your policies to ensure you are fully compliant. If you do not have any policies, you need to ensure that as an employer you do introduce policies to your employees to minimise the risk of unfair dismissal allegations in the future.
Unfair Dismissals for Employers
Unfair dismissal is when you have been dismissed by your employer for no fair reason and/or your employer has failed to provide you with a fair hearing and acted reasonably in the circumstances.
Your employer, however, can defeat any claim for unfair dismissal if they can establish that they had a fair reason for your dismissal. A fair reason could be based on your poor conduct, capability or performance, redundancy, statutory illegality or breach of a statutory restriction and lastly some other substantial reason.
In order to pursue a claim for unfair dismissal, you would need 2 years of continuous length of service with your employer.
Once you have been dismissed, to pursue a claim you would need to lodge your claim with ACAS within 3 months less one day of the date of your dismissal after which time it would be too late for you to pursue a claim.
What Are Automatically Unfair Dismissal Reasons?
If you have under 2 years of continuous length of service with your employer you may still be able to pursue a claim for unfair dismissal if it is for one of the following reasons:
- pregnancy, childbirth or statutory parental leave rights
- whistleblowing
- health and safety
- refusing Sunday working (shop or betting workers)
- asserting rights under the Working Time Regulations or National Minimum Wage Regulations
Unfair Dismissals for Employees
Unfair dismissal is when your employment is terminated for your employer and they have no fair reason to do so. Furthermore, if the employer has a fair reason for dismissal but has handled the procedure to dismiss you unfairly then you may still have a claim.
In order to pursue a claim for unfair dismissal employees require 2 years continuous employment (no break of employment). There are exceptions to this rule if as an employee it can be established that a claim may fall under the Equality Act 2010 or for automatic unfair dismissal.
You only have the right to claim unfair dismissal if you are an employee – this includes part-time/fixed-term employees. Employees do not have any rights to challenge dismissal if their employment status is: self-employed, an agency worker or classed as a ‘worker’.
What Are Automatically Unfair Dismissals Reasons?
Automatic unfair dismissal may exist in the following circumstances for employees:
pregnancy, childbirth or statutory parental leave rights.
whistleblowing i.e. for making a protected disclosure.
health and safety reasons
refusing Sunday working (shop or betting workers)
rights under the Working Time Regulations or National Minimum Wage Regulations.
