Unfair Dismissal in Employment Law

At Hunter Lawyers, we understand that losing your job can be a stressful and challenging experience, especially if you believe the dismissal was unfair. Unfair dismissal is a complex area of employment law, and it's crucial to know your rights and the legal avenues available to you. In this blog, we'll explain what unfair dismissal is, provide an overview of the legal criteria involved under UK law, and let you know how Hunter Lawyers can assist you with a free consultation.

What is Unfair Dismissal?

Unfair dismissal occurs when an employee is terminated from their job in a harsh, unjust, or unreasonable manner.

The Employment Rights Act 1996 provides a framework for determining whether a dismissal is unfair.

Key factors include:

• Lack of Fair Reason: The employer must have a fair reason for the dismissal, such as capability, conduct, redundancy, statutory illegality, or some other substantial reason. If no fair reason exists, the dismissal may be deemed unfair.

• Procedural Fairness: Employers must follow a fair process before dismissing an employee. This includes:

  • Investigation: Conducting a thorough investigation into any allegations or issues.

  • Notification: Informing the employee of the issues and giving them an opportunity to respond.

  • Meeting: Holding a formal meeting to discuss the issues and consider the employee’s response.

  • Decision: Making a fair and unbiased decision based on the evidence and discussion.

  • Right to Appeal: Providing the employee with the right to appeal the decision.

• Reasonableness: Even if there is a fair reason and the correct procedure is followed, the dismissal can still be unfair if it is deemed unreasonable in all the circumstances.

Who is Protected from Unfair Dismissal?

Not all employees are eligible to make an unfair dismissal claim. To be protected, you generally need to meet the following criteria:

• Minimum Employment Period: You must have completed at least two years of continuous service with your employer.

• Employment Status: You must be an employee, as opposed to a worker or self-employed individual.

How to Make an Unfair Dismissal Claim

If you believe you have been unfairly dismissed, you can file a claim with the Employment Tribunal. The process involves several steps:

1. Early Conciliation: Before making a claim, you must notify Acas (the Advisory, Conciliation and Arbitration Service) to try to resolve the issue through early conciliation. You have three months less one day from the date of dismissal to start this process.

2. Lodging the Claim: If conciliation does not resolve the issue, you can submit a claim form (ET1) to the Employment Tribunal. This must be done within one month of receiving the early conciliation certificate.

3. Response: The employer will be given an opportunity to respond to the claim with an ET3 form.

4. Preliminary Hearing: The tribunal may hold a preliminary hearing to determine any preliminary issues.

5. Full Hearing: If the case proceeds, a full hearing will be scheduled where both parties can present evidence and arguments.

How Hunter Lawyers Can Help

Navigating an unfair dismissal claim can be complex and daunting. At Hunter Lawyers, we offer expert legal advice and representation to help you through the process. Our experienced employment law solicitors can:

• Assess Your Case: Provide a thorough assessment of your situation to determine if you have a valid claim.

• Guide You Through the Process: Help you navigate the early conciliation process with Acas and prepare your claim for the Employment Tribunal.

• Representation: Represent you at tribunal hearings to ensure your case is presented effectively.

• Negotiation: Assist in negotiating settlements to achieve the best possible outcome for you.

If you believe you have been unfairly dismissed, don't hesitate to contact Hunter Lawyers. We offer a free consultation to discuss your case and provide you with the legal support you need. Contact us today to arrange your free consultation and take the first step towards protecting your rights.

This article has provided for information only and should not be relied upon as legal advice. For specific advice contact a member of our team.

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