Unfair dismissal

Your dismissal could be unfair if your employer does not have a good reason for dismissing you or follow the company’s formal disciplinary or dismissal process.

When your dismissal is likely to be unfair?

Situations when your dismissal is likely to be unfair include if you:

• Asked for flexible working
• Refused to give up your working time rights – for example, to take rest breaks
• Resigned and gave the correct notice period
• Joined a trade union
• Took part in legal industrial action that lasted 12 weeks or less
• Needed time off for jury service
• Applied for maternity, paternity and adoption leave
• Were on any maternity, paternity and adoption leave you’re entitled to
• Tried to enforce your right to receive Working Tax Credits
• Exposed wrongdoing in the workplace (whistleblowing)
• Were forced to retire (known as ‘compulsory retirement’)

What are the automatically unfair reasons for dismissal?

Some things are ‘automatically unfair’ if they’re the main reason for dismissing an employee. These include:

• Being pregnant or on maternity leave
• Wanting to take family leave, for example parental, paternity or adoption leave
• Being a trade union member or representative
• Asking for a legal right, for example to be paid the National Minimum Wage
• Doing jury service
• Being involved in whistleblowing
• Taking action, or proposing to take action, over a health and safety issue

What is constructive unfair dismissal?

If an employee feels they have no choice but to resign because of something very serious their employer has done, they might be able to claim for ‘constructive dismissal’.

What can you do if you believe you are unfairly dismissed?

If an employee thinks their dismissal was unfair and wants to challenge it, they can appeal through their employer’s appeal process. The employer should tell them how to appeal.

The employee may want to speak to their trade union if they have one or get legal advice.

You can also make your claim to an employment tribunal.

When can you make a claim to an employment tribunal?

An employee usually has the right to make an unfair dismissal claim to an employment tribunal if they have ’employee’ employment status and have worked for their employer for 2 years.

If they have been dismissed for an ‘automatically unfair’ reason it does not matter how long they have worked for their employer.

A claim must be made within 3 months less one day of the dismissal.

The employee must tell Acas first that they want to make a claim. Acas will offer them the option of ‘early conciliation’, a free service where Acas talks to both the employee and employer. It gives them the chance to come to an agreement without having to go to tribunal

Why Choose Aaryan Solicitors?