Unfair Dismissal
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Once you have continuous employment of two years or more, you have the right not be unfairly dismissed. Protection from unfair dismissal means, if your employer decides to dismiss, then it must have a ‘fair’ reason to do so. These fair reasons are set out in statute. They are because of:
- your capability or qualifications
- your misconduct
- a redundancy situation has arisen
- there is a statutory restriction on your employment
- there is some other substantial business reason
Your employer must also show that it acted reasonably, and went through a ‘fair’ procedure. If your employer does not have a ‘fair’ reason and does not go through a ‘fair’ procedure, then your dismissal is likely to be unfair.
In most cases, you must have worked for two years to bring a claim for unfair dismissal. However, there are exceptions, when this two year qualifying period is not required. For example, where you are dismissed because you made a whistleblowing disclosure.
If you have been warned of dismissal, or have been dismissed, then it can be a very difficult and emotional time. This can be especially so, if you have worked at the same employer for a number of years.
The correct legal advice can help you bring an Employment Tribunal claim, or take an existing claim forward.
Our Employment Team is experienced at bringing unfair dismissal claims. We shall take the time and care to understand your concerns and obtain the best outcome for you. We shall help you navigate the process, with sound and pragmatic advice.
Employment Law
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