What is Unfair Dismissal?
There are 5 lawful reasons which may be classed as a fair reason for dismissal:
- If you have been made redundant
- If there was concern for your capability or qualifications for the job
- If a statutory duty or restriction prohibited your employment from continuing
- Reasons relating to your conduct e.g. breaking the law/ gross misconduct
- Another ‘substantial’ reason – although this is not set out in law it means that your employer can show another valid reason to the 4 above
Where an employer does not have such a reason, or does not follow a fair process, a person can claim unfair dismissal if they are an employee with more than two year’s continuous service.
Why does it matter?
A claim for unfair dismissal can be difficult to prove and equally difficult to defend. At Thrive, we regularly assist both claimant’s and respondents in unfair dismissal claims.
In practicality, when someone has been dismissed, they have three months less on day to make a claim to Acas Conciliation. This means that, if you have been dismissed, you should get in touch with us and we can assess your potential claim and ensure you are in the best possible position to pursue any matter.
Examples of a situation where Thrive could assist you in a claim for unfair dismissal:
If you have been dismissed for…
- Asking for maternity leave
- Joined a trade union
- Asked for flexible working
- Needed time off for jury service
- Have asked for your legal rights at work (e.g. minimum wage, breaks)
Constructive v Unfair Dismissal
In practical terms constructive dismissal when you have been ‘forced’ resignation but treated as a dismissal in law due to the employer’s conduct.
On the other hand, unfair dismissal, is when you have been dismissed from your employment for a reason that does not fall within the 5 reasons set out by law.