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Unfair dismissal is by far the most common query that the employment team deals with, that does not in itself make it the easiest!  There are numerous issues to consider in dealing with a claim of unfair dismissal. We have listed some of the most common below:-

Who has the right to claim unfair dismissal?

In order to make a claim for unfair dismissal the employee must first have the right to make the claim and that right is only acquired after the employee has been employed for 12 months or more.  Please note that exceptions do apply if there is a discriminatory aspect to a dismissal.

What is a fair reason for dismissal?

An employer can fairly dismiss an employee for one of the following reasons:

  • capability

  • conduct

  • redundancy

  • some other substantial reason, for example, business re-organisation

What makes a dismissal unfair?

Whether a dismissal is unfair depends on whether the employer had a fair reason to terminate the employee’s employment, and if so whether the matter was dealt with unfairly. In addition to showing that the dismissal was fair and reasonable in all the circumstances, the employer would have to show that a fair procedure equating to at least the statutory dismissal procedure had been followed.

Are there any reasons when a dismissal will be automatically unfair?

Yes. A dismissal will be found to be automatically unfair where the employee is dismissed for example:

  • asserting a statutory right

  • health and safety reasons

  • reasons relating to pregnancy or childbirth

  • certain trade union reasons

  • for making a protected disclosure ("whistle-blowing")

What is the time limit for making a claim?

A claim must be brought within 3 months of the date of the dismissal.

Francis Hanna & Co deal with claims on behalf of both employers and employees. For further information or for a free, no obligation discussion please contact 028 9024 3901 or contact us online using the contact us form.