It’s important to understand what unfair dismissal is by law. This is because different rights might apply depending on the circumstances.
It might be unfair dismissal if you worked for your employer for at least 2 years and any of the following apply:
- there was no fair reason for your dismissal
- the reason was not enough to justify your employer dismissing you
- your employer did not follow a fair procedure
The fair procedure must follow the Acas Code of Practice on disciplinary and grievance procedures, if it’s to do with:
- ‘misconduct’ – when the employee has done something that’s inappropriate or not acceptable
- ‘capability’ – when the employee is not able to do the job or does not have the right qualifications
If the dismissal is for another reason, your employer should follow a fair procedure as set out in the Code of Practice.
If you think that your dismissal was unfair and you want to challenge it, you can appeal through their employer’s appeal process. Your manager should tell you how to appeal or you can check your employee handbook.
Being able to appeal a dismissal is also part of the Acas Code of Practice.
If you have tried to appeal and you now want to take it further, you can make a claim to an employment tribunal.
You usually has the right to make an unfair dismissal claim to an employment tribunal if they:
- are legally classed as an employee
- have worked for your employer for 2 years
You do not need 2 years’ service to claim automatically unfair dismissal. You might have the right to make a claim if they’ve been dismissed for ‘automatically unfair’ reasons.
These include:
- taking action, or proposing to take action, over a health and safety issue
- making a flexible working request
- 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
- taking part in legal, official industrial action for 12 weeks or less – for example going on strike
- asking for a legal right – for example to be paid the National Minimum Wage
- doing jury service
- being involved in whistleblowing
- ‘compulsory retirement’ – this means being forced to retire
There are strict time limits for making a claim to an employment tribunal. Someone has 3 months minus 1 day from the date their employment ended.
In almost all cases, the date someone’s employment ends is either:
- the last day of their notice period
- the day they were dismissed if the employer did not give notice
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