What is Unfair Dismissal?
There are five potentially fair reasons for employers to terminate an employee’s employment: –
- Capability,
- Conduct,
- Redundancy,
- Illegality, and
- Some other Substantial reason.
If the termination of employment does not fall within one of these then the dismissal will be unfair. Further, even if dismissal does fall within these fair reasons an employer must also show that they have acted reasonably, in the circumstances, in treating that reason as sufficient to dismiss. The burden of proof in an unfair dismissal claim is on the employer.
Employees need 2 years’ service to pursue claims for unfair dismissal although there are some exceptions to the qualifying service which are known as ‘automatic unfair dismissal’.
Claims for unfair dismissal need to be issued within 3 months less 1 day of the termination date and employees must first register for ACAS early conciliation within this time frame.
If you require advice on unfair dismissal, or for defending a claim for unfair dismissal, please contact at info@justemployment.com to see how we can help you.
