Unfair Dismissal

Unfair dismissal

Broadly, you will be treated as unfairly dismissed if you can show that your employment was terminated and:

• (i) your employer did not have a good or a sufficient reason for dismissing you; or
• (ii) your employer did not follow a proper procedure in connection with your dismissal; or
• (iii) the dismissal was automatically unfair – for instance because you were pregnant.

To bring a claim of unfair dismissal you normally have to show that you have been employed for at least a year but this does not apply in all cases.

Constructive unfair dismissal

Constructive unfair dismissal occurs when you leave your job because of the way you have been treated by your employer. Your employer must have completely undermined the working relationship and you must act quickly when presented with the employer’s behaviour.

Unfair dismissal compensation

This is worked out mainly by reference to your loss of earnings from the date of dismissal. You are expected to try to find alternative work. The maximum compensation varies from time to time and is currently £68,400 together with a redundancy payment.

Wrongful dismissal

Wrongful dismissal occurs when your contract of employment is terminated without any notice or without the full amount of notice. It is rare for an employer to be entitled to do this.

Time limits

Strict time limits apply for bringing claims for unfair dismissal and wrongful dismissal in the Employment Tribunal and the general rule is that claims must be issued within 3 months of the date of dismissal.