The Essential Guide to Unfair Dismissal: Everything Employees Need to Know

Losing a job can be a traumatic experience, especially if you believe the dismissal was unfair. Understanding your rights and the steps you can take is crucial, so this article will explain what unfair dismissal is, what constitutes an unfair dismissal claim in the UK, and how you can make a claim. 

What is Unfair Dismissal? 

Unfair dismissal occurs when an employer terminates an employee's contract without a fair reason or without following the proper procedure. In the UK, employees have the right to challenge such dismissals under the Employment Rights Act 1996, provided they meet specific criteria, including length of service. 

What Constitutes Unfair Dismissal? 

To qualify for an unfair dismissal claim in the UK, you must generally have been continuously employed for at least two years. However, certain dismissals do not require this minimum service period; consider the below: 

• Legally acceptable reasons for dismissal: Your employer must show that the dismissal was for one of the legally acceptable reasons, such as misconduct, redundancy, capability (ability to do the job), or a statutory requirement. 

• Fair procedure: Employers are required to follow a fair procedure when dismissing an employee. This includes conducting a thorough investigation and allowing the employee to respond to allegations. 

• Non-discriminatory practices: Dismissals that are based on discrimination related to race, gender, disability, religion, age, or sexual orientation are automatically considered unfair, regardless of length of service. 

• Whistleblowing protections: If you were dismissed for having made a protected disclosure (reporting wrongdoing or a health and safety issue), you may have a claim for unfair dismissal without requiring two years of service. 

• Employment contract terms: Review the terms of your employment contract, as dismissals that breach contractual terms may result in an unfair dismissal claim. 

Examples of Unfair Dismissal 

Some common examples of unfair dismissal include dismissals related to pregnancy, asserting a statutory right, or reporting illegal activities. These situations often provide grounds for a strong unfair dismissal claim. 

How to Make an Unfair Dismissal Claim 

If you believe you've been unfairly dismissed, the first step is to gather evidence, including emails, meeting notes, and witness statements. This documentation will be crucial in supporting your claim. 

Consulting a legal expert, such as a barrister, who specialises in employment law can provide valuable insights and help you build a strong case. They’ll be able to guide you through the complexities of the process, ensuring you meet all necessary deadlines and requirements. 

To file a claim, you'll need to complete an ET1 form and submit it to the Employment Tribunal. Be mindful of the three-month time limit from the date of your dismissal, as missing this deadline could jeopardise your case. 

The Role of ACAS in Unfair Dismissal Claims 

Before heading to the Employment Tribunal, you must notify the Advisory, Conciliation and Arbitration Service (ACAS) for early conciliation. This process aims to resolve disputes without the need for formal tribunal proceedings, saving time and effort for both parties. 

Early conciliation can lead to quicker resolutions and often results in settlements that are satisfactory to both parties. Engaging in this process shows a willingness to resolve the issue amicably, which can be favourable in later stages of proceedings. 

When to Proceed to Tribunal 

If early conciliation fails, you'll receive an ACAS certificate, allowing you to proceed with your claim to the Employment Tribunal. At this point, having legal representation becomes even more critical to ensure the best possible outcome. 

Preparing for the Employment Tribunal 

Compile all relevant documents, including contracts, performance reviews, and correspondence related to your dismissal. Witness statements from colleagues can also bolster your case. 

The tribunal process involves submitting written statements, attending hearings, and presenting your case before a judge. Familiarise yourself with each stage to reduce anxiety and improve your preparedness. 

Having an employment law barrister represent you at the tribunal can significantly increase your chances of success. Their expertise will be invaluable in navigating legal jargon and procedural nuances. 

Potential Outcomes of an Unfair Dismissal Claim 

• Reinstatement or re-engagement 

In some cases, the tribunal may order your employer to reinstate you in your previous role or re-engage you in a similar position. This outcome is less common but worth considering. 

• Compensation 

More frequently, successful claims result in financial compensation. The amount awarded depends on various factors, including your length of service, loss of earnings, and the circumstances of your dismissal. 

• Legal costs 

While the tribunal usually doesn't award legal costs, some exceptions exist. Discuss this with your solicitor to understand the potential financial implications. 

Common Pitfalls to Avoid 

• Missing deadlines 

One of the most critical mistakes is missing the three-month time limit for filing a claim. Ensure you're aware of all relevant deadlines and adhere to them strictly. 

• Inadequate evidence 

Failing to gather sufficient evidence can weaken your case. Be thorough in documenting all aspects of your employment and dismissal. 

• Lack of legal advice 

Navigating an unfair dismissal claim without legal advice can be challenging. Investing in professional guidance can significantly impact the outcome of your case. 

How to Strengthen Your Unfair Dismissal Claim 

• Detailed documentation 

Keep meticulous records of all communications and events leading up to your dismissal. This documentation can provide crucial evidence in support of your claim. 

• Witness statements 

Colleagues who can attest to your performance or the circumstances of your dismissal can provide valuable testimony. Ensure their statements are clear and truthful. 

Understanding unfair dismissal and your rights as an employee is the first step towards seeking appropriate compensation. If you believe you've been unfairly dismissed, get in touch with a qualified employment barrister or solicitor to begin the claims process.