Losing your job can be a stressful and uncertain experience, particularly if you feel the decision was unjustified. In England and Wales, employees are protected by employment law, and in certain circumstances, a dismissal may be considered unfair.
Understanding your rights is essential if you believe you have been treated unfairly. This article explains what unfair dismissal is, when it applies, and what steps you can take if you think your employer has acted unlawfully.
What Is Unfair Dismissal?
Unfair dismissal occurs when an employee is dismissed without a fair reason or where the employer has failed to follow a fair procedure. The law governing unfair dismissal is primarily set out in the Employment Rights Act 1996.
To bring a claim for unfair dismissal, an employee will usually need to have at least two years of continuous service with their employer. However, there are exceptions where this qualifying period does not apply, such as cases involving discrimination, whistleblowing, or asserting statutory rights.
A dismissal may be considered fair if it is based on one of the following potentially fair reasons:
- Conduct, such as misconduct or inappropriate behaviour
- Capability, including performance or health issues
- Redundancy
- A statutory requirement, for example losing the right to work in the UK
- Some other substantial reason that justifies dismissal
Even if a fair reason exists, the employer must still act reasonably and follow a proper process. Failure to do so can make the dismissal unfair.
When Is a Dismissal Considered Unfair?
A dismissal may be deemed unfair if the employer has not acted reasonably in the circumstances. Employment tribunals will consider both the reason for dismissal and the procedure followed.
Common examples of unfair dismissal include:
- Dismissing an employee without proper investigation
- Failing to follow a disciplinary or redundancy procedure
- Not giving the employee an opportunity to respond to allegations
- Dismissing someone for discriminatory reasons
- Treating the employee inconsistently compared to others
Employers are expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Failure to adhere to this guidance can strengthen an employee’s claim.
It is also important to distinguish unfair dismissal from wrongful dismissal. Wrongful dismissal relates to breach of contract, such as failing to give proper notice, whereas unfair dismissal focuses on the fairness of the decision and process.
What Should You Do If You Believe You Have Been Unfairly Dismissed?
If you believe your dismissal was unfair, it is important to act promptly. There are strict time limits for bringing a claim.
The process typically involves:
- Raising the issue with your employer, if appropriate
- Contacting ACAS to begin Early Conciliation
- Gathering evidence, including contracts, emails and correspondence
- Submitting a claim to an employment tribunal if the matter is not resolved
In most cases, you must start ACAS Early Conciliation within three months less one day from the date your employment ended. Missing this deadline can prevent you from pursuing a claim.
Early Conciliation is a mandatory step and provides an opportunity to resolve the dispute without going to tribunal.
Remedies and Outcomes
If your claim is successful, an employment tribunal may award compensation or other remedies. The outcome will depend on the circumstances of your case.
Possible remedies include:
- Compensation for financial loss, such as lost earnings
- Compensation for loss of statutory rights
- Reinstatement to your previous role
- Re-engagement in a comparable position
Compensation is subject to statutory limits, and the tribunal will consider factors such as your salary, length of service, and efforts to find new employment.
Each case is assessed on its own merits, and outcomes can vary significantly.
Final Thoughts
Unfair dismissal can have a significant impact on your career, finances and wellbeing. Understanding your rights and acting quickly is key to protecting your position.
Employment law in England and Wales is complex, and navigating the process alone can be challenging. Seeking professional legal advice can help you understand your options, gather the right evidence, and present a strong case.
If you believe you have been unfairly dismissed or need advice on your situation, contact Penerley today for clear, expert guidance and support in protecting your rights.
