Unfair Dismissal

What is Unfair Dismissal?

There are 5 fair reasons for dismissal:

  • Redundancy
  • Capability
  • Statutory restriction or illegality
  • Conduct
  • Some other substantial reason

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 years’ continuous service (subject to a few exemptions).

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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 claimants and respondents in unfair dismissal claims.

When someone has been dismissed, they have three months less one day to make begin Acas Early Conciliation (the precursor to an Employment Tribunal Claim). 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.

If you think Thrive Law can assist you further, get in touch today at

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