To qualify for unfair dismissal you must have been employed for at least 2 years, unless your dismissal was to do with parental rights or health and safety issues, in which case there is no minimum period of employment.
Your employer must have a fair reason to dismiss you and must have followed the company’s formal dismissal procedure, as detailed in your terms of employment.
Your employer must also have taken steps to try and resolve the situation and have documented evidence. This could include issuing verbal warnings, giving you an opportunity to defend yourself, and a final written warning before you were dismissed.
Even if your employer has a fair reason to dismiss you but the process was handled badly, then you could still have a claim for unfair dismissal.
If your dismissal relates to any of the following reasons, it is almost certainly an unfair:
Raising concerns about health and safety
Asking for flexible working
Pregnancy, maternity, paternity or adoption leave
Refusing to give up rest breaks
Acting as an employee representative
Joining a trade union
Taking part in industrial action for less than 12 weeks
National minimum wage
Age, sex, race, religion, gender – see discrimination
Business transfers – see TUPE
Your dismissal will likely be FAIR under any of these circumstances:
Inability to perform the job – gave false information on application form
Breaking the law – inside or outside work
See resignation and constructive dismissal
How we can help
If you have been dismissed you should get specialist advice straight away. our team of expert employment law solicitors will support and advise you and work towards a successful resolution. If necessary, we can represent you in an employment tribunal or a court room.
If you would like more information or just want a confidential chat about your options, contact our highly experienced team today.