Unfair Dismissal

Lawson West’s expert employment solicitors and lawyers have significant experience in unfair dismissal cases.

Unfair dismissal is the third most common type of claim brought in Employment Tribunals.

If you have been dismissed and your employer has not followed a fair dismissal procedure, did not investigate the disciplinary matter properly and failed to consider alternatives to dismissal, you may have an unfair dismissal claim.

To proceed with an unfair dismissal claim:

• You must be an employee (rather than an independent contractor or self employed),
• and must have been working continuously for at least two years (although this requirement is subject to exceptions, for example, if the dismissal was pregnancy related).

What makes a Dismissal Unfair?

Under the Employment Rights Act, employers can argue that an employee has been dismissed for a “potentially fair reason” i.e. for a specified reason such as misconduct or ill-health.

When looking at whether the dismissal is fair or unfair will depend on whether an Employment Tribunal considers that the employer acted reasonably in all the circumstances.

If an employer falls short of the requirement to consider alternatives to an employee’s dismissal such as demotion, deployment or other disciplinary action, or fails to carry out a proper investigation, an employee’s dismissal may be regarded as unfair.

Most importantly, employers are required to adopt a ‘fair procedure’ in dismissing an employee. Under this procedure, employers need to write to an employee detailing the reasons why they are considering disciplinary action and that it can lead to their dismissal, invite the employee to a meeting, allow them to be accompanied to the meeting by either a trade union representative, a fellow worker or an official employed by a trade union. It is important to give the employee an opportunity to state their case, answer any allegations against them, ask questions, present evidence and call witnesses.