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Unfair Dismissal Claims
Unfair dismissal occurs when an employee is dismissed without a fair reason or without following the proper legal procedures. This can include dismissals that are discriminatory or retaliatory, for example.
At Bermans, we specialise in providing comprehensive legal support to both employers and employees navigating the complexities of unfair dismissal claims.
What Are the 5 Potentially Fair Reasons for Dismissal?
Under the Employment Rights Act 1996, employers must ensure that any dismissal of an employee who has the qualifying period of service is justified by one of the legally recognised categories.
The five categories under which dismissals may be considered fair are as follows:
- There was a genuine redundancy situation.
- The dismissal was due to the employee’s conduct, such as dishonesty, poor attendance, or failure to follow instructions. In some cases, the dismissal may be due to gross misconduct.
- Continuing employment would violate the law. For instance, if the job required driving and the employee was banned from driving.
- The employee lacked the necessary capability for the job they were hired to perform.
- Some other substantial reason (SOSR). This refers to a dismissal that does not fit into any of the aforementioned categories.
What Are the Common Grounds for Unfair Dismissal Claims?
Understanding the common grounds for unfair dismissal is essential for both employers and employees to ensure fair treatment and adherence to legal standards in the workplace. Unfair dismissal claims can arise from various situations, including but not limited to:
- Discrimination: Dismissal related to age, gender, race, disability, or other protected characteristics.
- Retaliation: Such as a dismissal in response to filing a complaint or asserting legal rights.
- Procedural Failures: Failure to follow the company’s formal disciplinary or dismissal process and procedures. Employers are required to adhere to certain procedures before terminating an employee’s employment.
Two-Year Employment Requirement
Employees generally need to have at least two years of continuous service with their employer to be eligible to bring a standard claim for unfair dismissal.
This qualifying period is outlined in the Employment Rights Act 1996.
Automatically Unfair Reasons for Dismissal
There are some exceptions where the two-year continuous service requirement doesn’t apply. Employees do not need to meet the two-year requirement if their dismissal is related to an automatically unfair reason, including but not limited to:
- Pregnancy and Maternity: including termination of employment due to pregnancy or taking maternity leave.
- Whistleblowing: Dismissal as a result of reporting wrongdoing at work that affects others .
- Trade Union Activities: Termination due to involvement in certain trade union activities.
- Asserting Statutory Rights: Dismissal for asserting legal rights, such as requesting the National Minimum Wage.
These exceptions ensure that employees are protected from unfair dismissal even if they have not yet reached the two-year service threshold. Employers must handle dismissals carefully to avoid legal risks and ensure that all decisions are based on fair procedures.
What is the Deadline to Make an Unfair Dismissal Claim?
It is crucial to adhere to the strict deadlines when filing an unfair dismissal claim with an employment tribunal. The time limit to bring an unfair dismissal claim is generally 3 months minus 1 day from the termination date of employment.
In most situations, the end date of employment is determined as either the final day of the notice period, or the dismissal date if no notice was provided by the employer.
Our Unfair Dismissal Services for Employees
If you believe you have been unfairly dismissed, you need a dedicated advocate on your side. Our experienced employment solicitors will:
- Review the details of your termination to determine if it constitutes unfair dismissal.
- Provide expert advice on your legal rights and potential remedies.
- Assist you with the negotiations, mediations, and court proceedings.
Our Unfair Dismissal Services for Employers
Avoiding unfair dismissal claims is crucial for maintaining a positive workplace environment and protecting your business. Our legal team will:
- Advise on best practices for employee termination procedures.
- Assist in drafting and implementing comprehensive employment policies.
- Assist your company in defending against unfair dismissal claims.
How Bermans Can Help
At Bermans, we recognise the importance of managing employee dismissals with care and legal accuracy. Our team of skilled legal professionals is committed to ensuring that each step of the termination process aligns with legal obligations, minimising risks and safeguarding the interests and rights of both employers and employees.
Whether it’s advising on best practices, drafting comprehensive employment policies, or assisting your company in defending against unfair dismissal claims, Bermans is committed to offering tailored solutions that meet your unique needs.
Contact Us
If you need assistance with an unfair dismissal claim, do not hesitate to contact us today. Our experienced solicitors are here to provide the guidance and representation you need. Contact us today for a confidential consultation.