What is Unfair Dismissal?

Thrive could see you through the process of unfair dismissal if your employer doesn’t…

  • Have a good reason for dismissing you
  • Follow the company’s formal disciplinary or dismissal process

Before contacting thrive to find out if your dismissal was unfair you must:

  1. Check what your employment status is because your rights can be different depending on whether you are an employee or not
  2. Check the length of time you have been working for your employer because a dismissal can usually only be challenged if you have worked there for 2 years or more
  3. Ensure it has not been longer than 3 months minus a day from the date you were dismissed as this is the time limit to take action

There are 5 lawful reasons which may be classed as a fair dismissal

  1. If you have been made redundant
  2. If there was concern for your capability or qualifications for the job
  3. If a statutory duty or restriction prohibited your employment from continuing
  4. Reasons relating to your conduct e.g. breaking the law/ gross misconduct
  5. 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

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.

Important Notice

This page is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action. Please contact us if you have any questions