Unfair Dismissal

Unfair dismissal occurs when employers dismiss you without potentially fair reasons or without following fair procedures. You need two years’ continuous service for ordinary unfair dismissal claims. Fair reasons include conduct, capability, redundancy, statutory restrictions, or some other substantial reason. However, even if potentially fair reasons exist, dismissals must follow fair procedures including proper investigations, hearings, opportunities to respond, and appeals. Procedural failures make dismissals unfair even when substantive reasons exist. Employers must also act reasonably throughout, considering individual circumstances.

Automatically unfair dismissals don’t require two years’ service and include dismissals for pregnancy, maternity, whistleblowing, asserting statutory rights, trade union activities, or health and safety complaints. These dismissals are unlawful regardless of service length or procedures followed. If you’re dismissed for automatically unfair reasons, you can claim without qualifying service. These claims often succeed more readily than ordinary unfair dismissal. Timing is crucial; dismissals shortly after protected acts like whistleblowing or pregnancy announcements suggest automatically unfair reasons.

When your employer’s behaviour is so bad that you have no choice but to resign. Examples include serious breaches of trust and confidence, fundamental unilateral changes to terms, or failing to address serious grievances about discrimination or harassment. If you carry on working for too long after the problem, you might be seen as having accepted the situation. Constructive dismissal claims are difficult as you must prove breaches were sufficiently serious and you resigned because of them. However, successful claims are treated as dismissals allowing unfair dismissal claims.

Unfair dismissal compensation comprises basic awards calculated like redundancy payments, plus compensatory awards for actual losses including lost earnings, benefits, pension contributions, and job search expenses.

Basic awards are calculated by reference to age, service length, and weekly pay. Compensatory awards include financial losses that result from the dismissal i.e. loss of earnings. Please note that in some cases compensation will be capped at the amount of your annual salary.

Misconduct dismissals must follow fair investigations. Employers must establish on reasonable grounds following reasonable investigations that you committed misconduct. The question isn’t whether you actually did it, but whether employers reasonably believed you did after proper investigations.

Challenge inadequate investigations, biased investigators, or procedures. If employers didn’t interview relevant witnesses, review evidence fairly, or consider your explanations, dismissals may be procedurally unfair. Document investigation failures. Even if misconduct occurred, procedural unfairness may make dismissals challengeable.

You don’t legally have to appeal, but failing to appeal weakens tribunal claims. Employers argue you haven’t exhausted internal procedures and dismissals might have been overturned on appeal. Appeals also provide additional evidence of procedural unfairness if appeal panels rubber-stamp decisions without proper consideration.

Acas code requires appeal opportunities. Employers unreasonably refusing appeals strengthen unfair dismissal claims. Appeal grounds should clearly identify why decisions were wrong, procedural failures, or new evidence. This helps protect your tribunal claim position.

Pay claims arise when employers fail to pay wages owed, make unlawful deductions, underpay the National Living Wage, or fail to pay correct notice pay or final salary on termination. These can be pursued as wrongful dismissal or breach of contract claims in the employment tribunal, or as unlawful deductions from wages claims.

Time limits apply: unlawful deduction claims must be brought within three months less 1 day from the date of deduction.