Unfair dismissal in England and Wales refers to the termination of an employee's employment contract by their employer in a manner that is considered to be unjust, unreasonable, or lacking proper justification. The laws governing unfair dismissal are primarily outlined in the Employment Rights Act 1996.
To qualify for protection against unfair dismissal, an employee must meet certain criteria. They must be an employee, rather than a contractor or freelancer, and have been employed for a minimum period of continuous service. Currently, the minimum service requirement is two years for employees whose employment commenced on or after April 6, 2012.
There are certain situations where the minimum service requirement does not apply, and employees are protected from unfair dismissal from day one. These include dismissals related to pregnancy, whistleblowing, exercising certain legal rights, trade union membership or activities, asserting certain statutory rights, or participating in health and safety activities.
If an employee believes they have been unfairly dismissed, they have the right to challenge the dismissal by making a claim to an Employment Tribunal within three months of the effective date of termination. The employee must follow the ACAS (Advisory, Conciliation, and Arbitration Service) Early Conciliation process before filing a claim.
In an unfair dismissal claim, the Employment Tribunal will consider whether the employer had a valid reason for the dismissal and whether they followed a fair procedure leading up to the dismissal. Valid reasons for dismissal include conduct, capability, redundancy, a statutory restriction, or some other substantial reason.
If the Employment Tribunal finds that the dismissal was unfair, they may order various remedies, including reinstatement (re-employment by the employer), re-engagement (re-employment in a similar position with the same employer or associated employer), or compensation. The compensation awarded can include a basic award (based on age, length of service, and weekly pay) and a compensatory award (to compensate for financial loss resulting from the dismissal).
It's important to note that employment law can be complex, and the information provided here is a general overview. If you believe you have been unfairly dismissed, you should contact us for professional legal advice to understand your specific circumstances and options.
Last updated: 19 May 2023