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​Unfair Dismissal

Unfair dismissal occurs when an employer terminates employment without a fair reason or fails to follow a fair procedure. Understanding your rights is crucial to challenging an unfair dismissal.

Fair Reasons for Dismissal

  • Conduct/misconduct

  • Capability or performance

  • Redundancy

  • Statutory restriction

  • Some other substantial reason

  • Retirement (in limited circumstances)

  • Illegality

Signs of Unfair Dismissal

  • No proper investigation

  • Lack of warning

  • No disciplinary procedure

  • Inconsistent treatment

  • Discrimination

  • Retaliation for complaints

  • Breach of contract

Making a Claim

Qualifying for a Claim

  • Two years' continuous service -(please note that there are some ‘automatically unfair dismissal’ such as
    being dismissed because you blew the whistle which do not require two years’ continuous service)

  • Employee status

  • Within time limits

  • Not excluded category

  • UK employment

  • Genuine dismissal

  • No valid settlement agreement

Compensation

  • Basic award

  • Compensatory award

  • Loss of earnings

  • Future losses

  • Loss of benefits

  • Pension losses

  • Job seeking expenses

  • Appeal the dismissal internally

  • Gather evidence and documentation

  • Contact ACAS for early conciliation

  • Seek legal advice

  • File tribunal claim if necessary

  • Prepare witness statements

  • Attend tribunal hearing

Time Limits

You must usually start ACAS early conciliation within three months less one day from your effective date of termination. The time limit for bringing a tribunal claim will be extended by the conciliation period.

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