| If you have been dismissed from your | | | | fair reasons are (mis)conduct, capability (either a |
| employment you may be able to claim unfair | | | | lack of skills or ill health making you incapable) and |
| dismissal. Unfair dismissal is a legal term which | | | | redundancy. |
| applies to a dismissal from employment which is | | | | Even if your employer can show that it has |
| deemed by an employment tribunal to be unfair. | | | | dismissed for a potentially fair reason then it must |
| Unfair dismissal is a right which comes from the | | | | still show that it has followed the statutory |
| Employment Rights Act 1996. It is therefore a | | | | dismissal procedure. To comply with this it must |
| statutory right. It can only be claimed in an | | | | write to you giving you the reasons why it |
| employment tribunal and not in a court. | | | | contemplates dismissing you and invite you to a |
| Employment tribunals are very similar to courts | | | | meeting discuss the situation. It must give you |
| but theoretically they have more relaxed rules on | | | | adequate time to prepare for the meeting and |
| procedure and in relation to evidence. I say in | | | | give you all the information it will be relying on at |
| theory because in some areas tribunals are just | | | | the meeting. At the meeting it must listen to your |
| as strict when it comes to following the rules in | | | | representations. It should make a decision |
| relation to evidence. | | | | following the meeting and confirm it in writing. If |
| So who can claim unfair dismissal? There are | | | | the decision is taken to dismiss you then you |
| certain criteria that must be met. | | | | should be given a right of appeal. If you do appeal |
| The first is that you must have been an | | | | your employer should hold an appeal meeting and |
| employee. Being a worker such as an agency | | | | following the meeting it should confirm the |
| worker or being self-employed is not enough. | | | | outcome in writing. If this procedure is not |
| The second is that you must have at least one | | | | followed the dismissal will be automatically unfair. |
| year's continuous service. There are some | | | | Finally your employer must follow a fair |
| exceptions to this rule. If you have been | | | | procedure. What amounts to a fair procedure |
| dismissed for such things as your trade union | | | | depends on the circumstances of the case. So for |
| activities, performing health and safety duties or | | | | example if you have been dismissed for |
| whistle blowing you may be able to make a claim | | | | misconduct then your employer needs to have |
| in your first year of service. This list is not | | | | fully investigated the situation, let you know what |
| exhaustive but these are the most common | | | | they have found out during the investigation, |
| exceptions. | | | | given you an opportunity to have your say at the |
| The third is that you need to have been | | | | disciplinary meeting and considered whether in the |
| dismissed. This can be with or without notice from | | | | circumstances it would be fair to dismiss you. A |
| your employer. It can also include a situation | | | | failure to follow a fair procedure may result in a |
| where you are forced to resign because your | | | | finding of unfair dismissal. |
| employer has breached a major term of your | | | | If you do succeed you may be able to claim |
| contract, for example where your employer | | | | re-instatement or re-engagement and you can |
| breaches the implied term of trust and confidence. | | | | claim compensation. You will be able to get a basic |
| If you meet the above criteria then you may be | | | | award which is compensation for being unfairly |
| able to bring a claim for unfair dismissal. Whether | | | | dismissed plus you can claim your loss of earnings |
| or not your dismissal was fair depends on the | | | | if you have not got another job or you have got |
| reason for the dismissal, whether the statutory | | | | another job but it pays less. There is a cap on the |
| dismissal procedure was followed and whether a | | | | amount of compensation that can be claimed in |
| generally fair procedure was followed. | | | | the employment tribunal in unfair dismissal cases. |
| For your employer to fairly dismiss you it first | | | | The cap is GBP60,000 at the moment. Few |
| must show that the reason for the dismissal was | | | | people reach the cap though. In fact the average |
| a potentially fair reason under the Employment | | | | amount of compensation awarded in unfair |
| Rights Act 1996. The most common potentially | | | | dismissal claims is only about GBP9,000. |