If you have been dismissed without a fair reason or fair procedure then you might have a claim for unfair dismissal that can be brought in an Employment Tribunal. QualitySolicitors can advise you on your rights, your prospects of success and compensation.

Who can claim unfair dismissal?

You need to be an employee and have worked for your employer continuously for 12 months before your employment ended. The 12 months could include your notice period if your employer has in fact given you notice (but not if they have paid you in lieu of notice).

Is there a deadline for making a claim?

Your claim must be brought to a Tribunal within 3 months from the ‘effective date of termination’ of your employment. This is the date your notice expires, or your last working day if you were dismissed without notice.

What is ‘unfair’ in law?

Your dismissal is likely to be unfair if it was not for a fair reason, and reasonable in all the circumstances.

A fair reason means:

• Your capability (e.g. skill, attitude, health or qualifications)
• Your conduct
• Redundancy [link]
• Breach of a legal duty or restriction if you continued to work
• Some other substantial reason sufficient to justify dismissal
• Retirement

When considering whether your dismissal was reasonable in the circumstances, the Tribunal will take into account your employer’s size and resources. It will also consider the investigation and dismissal process.

What is a fair process?

This depends on the reason for the dismissal. In a misconduct case, usually a fair process involves: knowing the allegations against you, being invited to a disciplinary meeting at reasonable notice, being allowed to put your case and to be accompanied by a colleague or trade union representative. You should also be allowed to appeal against your dismissal.

What will I receive if I am unfairly dismissed?

The Tribunal can order the following:

• Re-instatement to your original job
• Re-engagement in other suitable employment
• Financial compensation.