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Unfair Dismissal

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Q: What is an automatically unfair dismissal?

There are particular dismissals that are classed as automatically unfair. This means that the employee just has to show that the dismissal was for one of the following reasons:

Q: When is a dismissal fair?

An employer can normally fairly dismiss an employee for misconduct at work, lack of capability (or qualifications) to do the job, valid redundancy, a statutory requirement or some other substantial reason.

It is advisable to seek legal advice even if you have been dismissed for one of the reasons listed above as an employer must also follow a reasonable procedure as set out by the ACAS code of practice and established employment law.

Q: What about strikes and lock outs?

To be protected against unfair dismissal in connection with a strike or lockout, one of the following conditions needs to be fulfilled:

There is also a right to bring a claim for unfair dismissal if all or some employees are dismissed during an official strike or lockout but only a selected few are re-engaged within three months.

Q: What can happen if an employment tribunal finds in favour of the employee?

If an Employment Tribunal is won by the employee the maximum compensation award currently is set at £72,300. However the compensation amount usually reflects the salary of the employee so only very high earners would receive the maximum amount. Most tribunals will award for loss of earnings plus a limited amount for future loss.

If you would like to find out about making an unfair dismissal claim call our friendly legal team on 0800 298 9690 or alternatively fill in the Claim Now form to the right of this screen and we will call you back.

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