Unfair Dismissal in London, Kent and Sussex
If you feel your employer terminated your employment unfairly, either because of the reasons for dismissal, or because the process they used was unfair, you may have been unfairly dismissed and entitled to compensation at an Employment Tribunal.
What is unfair dismissal?
- your employer does not have a fair reason for dismissing you
- your employer didn’t follow a fair process when dismissing you
- you were dismissed for an automatically unfair reason
The five fair reasons for dismissal
- capability or qualifications
- your conduct at work
- redundancy (providing the reasons for selection are fair)
- a statutory requirement (e.g. holding a driving licence)
- some other substantial reason
Has your employer followed a fair process before dismissing you?
The ACAS Code of Practice recommends steps that an employer should take prior to dismissing an employee. There may also be a company disciplinary procedure that your employer should follow.
Automatic unfair dismissal
Some reasons for dismissal are automatically unfair. If your employer dismisses you for exercising one of your statutory employment rights you will have been automatically unfairly dismissed.
Examples of Automatically Unfair Dismissal
Dismissal before, during or after business transfers
If the business you work for is being transferred to another company or taken over, you may be protected under the ‘Transfer of Undertakings’ (TUPE) regulations.
Dismissal on the grounds of pregnancy or maternity rights
If you are pregnant, you cannot be fairly dismissed because of any reason connected with your pregnancy.
Dismissal relating to your working time
You normally have the right to paid leave, rest breaks, as well as limiting the average hours per week your employer can ask you to work, any dismissal for exercising your rights in relation to these would be unfair
Dismissal relating to part-time or fixed-term work
As a part-time or fixed-term worker you should not be treated less favourably than a full-time or permanent employee.
Dismissal relating to trade union reasons
If you are dismissed for a reason around trade union membership, recognition or subscription funds it will be automatically unfair.
Dismissal during an industrial dispute
It is automatically unfair for your employer to dismiss you for taking part in legal industrial action that lasts 12 weeks or less. If the industrial action lasts longer than 12 weeks because your employer has not taken reasonable steps to resolve the dispute then you are protected from unfair dismissal.
Dismissal for taking action on health and safety grounds
You will have been unfairly dismissed if you are dismissed for carrying out any activities in your role as health and safety representative or for bringing to your employer’s attention a concern about health or safety in the workplace
Dismissal relating to activities as an employee representative
You cannot be fairly dismissed for being an employee representative for consultations with your employer about redundancies or business transfers.
Have you been unfairly dismissed?
We offer a fixed fee meeting (unlimited in time) to discuss whether you may have a claim for unfair dismissal and to advise you on the steps that you need to take if you wish to bring a claim in the Employment Tribunal so that you can be compensated for your loss of earnings.
Baileyfields provide expert advice on Unfair Dismissal in London, Kent and Sussex