Unfair dismissal is one of the most common reasons for Employment Tribunals. Unfair dismissal is where an employer terminates an employee’s contract without a fair reason to do so. Unfair dismissal can be claimed by the employee if the employer had a fair reason but handled the dismissal using a wrong procedure. The Employment Rights Act 1996 states that employees are entitled to a fair reason before being dismissed.
Although you may think you’ve dismissed an employee fairly, they could still make a claim for unfair dismissal if they think that:
If your employer dismisses you for exercising or trying to exercise one of your statutory (legal) employment rights, you will have been automatically unfairly dismissed.
Examples of employee’s statutory employment rights are:
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Reasons for fair dismissals are:
If an employee finds he or she has been unfairly dismissed they will usually take an employer through to an employment tribunal. If the tribunal finds the dismissal to be unfair then the employer will not be able to defend the claim and the employee will succeed with the claim. The employer will then have to reinstate or pay compensation to the employee.
Expect in defined situations, an employee must have a minimum of 2 years continuous service to raise an unfair dismissal claim and qualify for the right.