An unfair dismissal happens when you are dismissed from your job and your employer doesn't have a valid reason for dismissing you and/or has acted unreasonably.
Dismissal is when your employer, with or without notice, ends your employment. It can also happen when a fixed-term contract isn't renewed or when an employer forces someone to retire. Dismissal can be done verbally or in writing.
Constructive dismissal is where your employer's actions force you to resign. An example of this could be extreme bullying.
If you are an employee and feel that your employer has dismissed you unfairly, you might make an unfair dismissal claim to an Industrial Tribunal. In most cases you will need to have a year's service to make your claim. If your dismissal was before 1 October 2006, you will also normally need to have been under your normal retirement age (or 65 if you don't have a normal retirement age).
It will be up to you to show that you have been dismissed. This will usually be clear, but may be more difficult if you are claiming that you have been constructively dismissed. Your employer must show they have:
They need to have investigated the situation adequately and followed the steps in the statutory minimum dismissal procedure (if it applies). If they don't follow the minimum procedure, your dismissal is usually automatically unfair.
If your employer has investigated fairly but come to the wrong conclusion, if they have got the facts wrong for example, this will not necessarily mean the dismissal is considered to be unfair. Your employer must be able to show that they've been consistent and have not sacked you for doing something that they normally let other employees do.
You may be able to claim unfair dismissal if you can show that you weren't told about a relevant company rule or policy by your employer. In the case of retirement, the need to act reasonably and follow the statutory minimum dismissal procedure will not apply. In that case the fairness of the dismissal will depend on whether your employer complied with the duty to consider working beyond retirement.
Wrongful dismissal is different from unfair dismissal. It's where your employer breaches your contract in dismissing you, normally by dismissing you without notice or without following a procedure required by your contract. A dismissal can be both wrongful and unfair.
Some reasons for dismissal are automatically unfair, these include:
If you were dismissed for any of these reasons, you do not have to have the normal one year's service or be under your normal retirement age to take the matter to an Industrial Tribunal.
A dismissal is 'potentially fair' if it is a result of:
If you're dismissed while taking part in industrial action that's unofficial or unlawful, you may lose the right to claim unfair dismissal. If you've been employed for a year (or you're pregnant or on maternity or adoption leave), you have the right to a written statement of reasons for your dismissal if you ask.
Normally, your employer must give you at least the notice stated in your contract or guaranteed by law. Dismissal without notice is only allowed for 'gross misconduct', which means a situation serious enough to dismiss you without first giving a warning. Examples of such conduct can include theft, fraud or violence. Before dismissing you, an employer should always investigate the circumstance - even in possible gross misconduct cases.
First of all, try appealing under your employer's dismissal or disciplinary procedures. In the case of discrimination or potential constructive dismissal, try making a complaint under their grievance procedure. You and your employer could try conciliation through the Labour Relations Agency where a specialist helps you sort out the problem. Another option is individual arbitration, which is where an independent arbitrator hears the case and makes a legally binding decision.
There are a number of things that you need to keep copies of: For example, any:
While you are looking for a new job you may be able to claim Jobseeker's Allowance, Housing Benefit, or Council Tax Benefit.
If you haven't been able to sort things out directly with your employer, you may need to go to an Industrial Tribunal. Before doing so, you should have appealed under your company's dismissal or grievance procedure. You must also make the claim within three months of being dismissed unless these procedures aren't finished. If the Labour Relations Agency wasn't asked to conciliate before you made your complaint to a tribunal, they will offer to conciliate once your complaint has gone in.
If a tribunal finds in your favour, you could get your job back or compensation. You needn't take your job back, but your compensation may be lower if you don't. Compensation is intended to put you where you would have been financially if you hadn't been sacked - there's no compensation for hurt feelings.
You'll be expected to minimise any financial loss by signing on, or looking for new work. A tribunal may reduce your compensation if it decides that your conduct played a part in your dismissal, or if you haven't complied with the statutory minimum disciplinary procedures.
You may be able to claim payment for notice, holiday pay or any outstanding final pay. If you think your dismissal was unlawful discrimination, you may be able to claim for that.
The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues.
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
If you are a member of a trade union, you can get help, advice and support from them.
Employment
