The Employment Rights Act 1996 states that an employee has the right not to be dismissed unfairly by his employer.
If you believe you have been dismissed unfairly, it could be causing emotional and mental health issues, financial strain and other serious consequences on you and your family.
Therefore, it is essential to reach out for support and advice from an expert employment solicitor such as our team.
But first, it is important to understand the ins and outs of unfair dismissal.
Understanding unfair dismissal
Unfair dismissal refers to the termination of an employee’s contract without a valid and fair reason, or where the employer fails to follow a fair procedure in the dismissal process.
Employment laws are designed to protect employees from arbitrary or unjust terminations, ensuring they are treated fairly throughout their employment journey.
Eligibility for unfair dismissal claims
Examples of situations where your dismissal could be unfair are:
- Request for flexible work
- Refusing to give up your entitled working time rights
- Giving the correct notice period when resigning
- Being called for jury service and requiring time off
- Applying for maternity, paternity or adoption leave
- Taking entitled maternity, paternity or adoption leave
- Whistleblowing
- Compulsory retirement or being asked to retire
Valid reasons for dismissal
Employers must have a fair and valid reason for dismissing an employee. These reasons fall into two categories: conduct-related and capability-related.
Conduct-related dismissals
This refers to situations where an employee’s behaviour or actions have fallen short of the employer’s expected standards.
Examples include repeated misconduct, gross misconduct, theft, dishonesty, violence, or refusal to follow reasonable instructions.
Capability-related dismissals
These occur when an employee’s performance or skills are deemed inadequate for the role.
Employers should provide reasonable support, training, or opportunities for improvement before considering dismissal.
Fair procedures and the importance of due process
Even if an employer has a valid reason for dismissal, they must still follow a fair procedure.
This includes conducting an investigation, holding disciplinary meetings, providing the employee with an opportunity to present their case, and allowing them to appeal the decision.
Failure to adhere to these procedures can render a dismissal unfair.
For support and advice on unfair dismissals and how you can navigate the legal process, get in touch with our team now.