• Fair reasons to dismiss someone
• Unfair dismissal compensation
• How long do I have to claim unfair dismissal?

What is unfair dismissal?

In short, unfair dismissal is where an employer terminates someone’s employment without good reason.

To be unfairly dismissed, the following requirements must apply:

The employee must have been in at least two years of employment.
The employer terminated the employment without an acceptable reason.
If both of the above criteria applies to you, contact one of our solicitors on 01273 726951.

Unfair dismissal examples.

There are several reasons that a dismissal will automatically be deemed unfair. Some common examples of unfair dismissal include dismissal for:

• Reasons connected to pregnancy or childbirth
• Reporting wrongdoing in the workplace
• Taking family leave. For example, paternity leave.
• Asking for a legal right such as asking your employer to pay you the National Minimum Wage.
• Taking action (or proposing that you will take action) over issues relating to the company’s health and safety regulations

How do I claim unfair dismissal?

You can bring an unfair dismissal claim to the employment tribunal. However, before issuing a claim, the employee must contact Acas (the Advisory, Conciliation and Arbitration Service). Acas will try to encourage a settlement between both parties before the claim reaches the employment tribunal.

Suppose both parties can’t reach a settlement or the parties do not wish to conciliate. In that case, Acas will issue a certificate bringing an end to the process. The employee is then free to issue a claim at the employment tribunal and commence the proceedings.

During the proceedings, the employee will need to persuade the employment tribunal that the employer dismissed them (which should be an easy task). The burden falls on the employer to establish:

1. The reason for dismissal

2. That the reason for the dismissal falls within one of the five potentially fair reasons for dismissal.

If the reason for the dismissal falls under one of the five fair reasons for dismissal, it cannot be “unfair dismissal“. However, this leads to the next question.

What are the five potentially fair reasons to dismiss someone?

Under the Employment Rights Act 1996, there are five potentially fair reasons for dismissal, which are:

• Capability or qualifications;
• Redundancy;
• Conduct (for example, the employee has stolen from the employer or shown violence);
• Breach of a statutory duty or restriction; and
• Some other substantial reason. For example, a personality clash between employees that makes it impossible for them to work together.

There is a degree of overlap within these examples. The employee may find that the employer tries to justify the dismissal using a combination of the reasons. Once the employer established a fair reason for the dismissal, the tribunal must decide if the employer acted reasonably.

How much unfair dismissal compensation am I owed?

If successful, the tribunal will consider remedies, the most common of which is compensation. The amount of compensation an employee will receive depends on factors such as the type and severity of the case.

In most successful unfair dismissal claims, compensation can come as a basic award and a compensatory award.

Basic award

The value of a basic award depends on factors such as:

• Age of the employee
• How long the employee has worked at the company
• The amount of pay the employee receives weekly

Compensatory award

Unlike the basic award, a compensatory award is an amount that the employment tribunal believes is fair. The compensation the employment tribunal deems as fair depends on the employee’s loss due to the unfair dismissal.