Unfair Dismissal Guidance

The right not to be unfairly dismissed is a purely statutory right arising under
the Employment Rights Act 1996, s 94.

The ERA 1996, Part X contains most of the provisions relating to who has the right, how to bring a claim, when the right is infringed and the remedies available following a successful claim. If you need information about discrimination, please view our other guidance page, available here; Discrimination

 

Time limits

If you are considering entering a claim for unfair dismissal, you must not wait too long. Claims for unfair dismissal may only be brought in an employment tribunal and must generally be presented within three months of the effective date of termination of employment (subject to any extension if the requirement for early conciliation applies).

For more information, please speak to us about the Unfair dismissal time limit.

Who can claim?

The right is generally subject to a number of qualifying conditions and exceptions, including that the claimant:

  • must be an employee

  • must have been dismissed

There are specific provisions setting out which categories of employee and employment situation have the right not to be unfairly dismissed.

Technical & Legal Issues

 

The Employer must have a fair reason for dismissal

Once an employee has established that he has the right not to be unfairly dismissed and that he has been dismissed, a tribunal will generally look to the employer to show that the reason or principal reason for dismissal was one of a list of potentially fair reasons.

Potentially fair reasons for dismissal include:

  • capability

  • conduct

  • redundancy

  • breach of statute

  • some other substantial reason

If the employer does establish a potentially fair reason for dismissal, the tribunal will consider whether the dismissal was fair or unfair having regard to all of the circumstances of the case, including the size and administrative resources of the respondent employer.

In doing so, the employment tribunal Judge should not substitute his or her own view for that of the employer but it should instead decide whether the employer's actions fell within the range of reasonable responses of a reasonable employer. For this reason, a range of factors will be taken into account by the Tribunal in assessing fairness overall.

Dismissal will be automatically unfair if the employee is able to show that the reason or principal reason for dismissal was one of a list of special reasons, including pregnancy, reasons relating to health and safety and whistleblowing. Most of those reasons will also render the dismissal unfair where the reason for dismissal is redundancy, but the employee was selected for redundancy on the basis of an impermissible reason.

Sometimes employers will not provide any reasons for the dismissal, or they will be ambiguous about why you have lost your job. If this is the case there are certain steps which we can take to ensure we get the information from the Organisation to enable you to bring your claim in the tribunal. At Cora Employment Law, we're here to support working people to ensure that justice is achieved in each case. If you would like to speak to us about your case use the contact form below or call the direct number for your free consultation.