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Unfair Dismissal

There are two types of unfair dismissal claim:

  • Regular unfair dismissal
  • Automatic unfair dismissal

Regular Unfair Dismissal

If your employee brings a case of unfair dismissal against you, the burden rests on you to prove that the dismissal was justified based on one of the following reasons:

  • The employees unacceptable conduct (eg drug taking, assault)
  • The employees inability to perform the job that they were hired to do
  • The employee was made redundant
  • The employee retired
  • There is a legal reason the employee cannot continue with their position (eg they have had their drivers licence suspended)
  • You had some other substantial reason to terminate the employment (eg due to the conduct of the employee on social media)

Automatic Unfair Dismissal

If the Employment Tribunal concludes that you have dismissed an employee for an automatically unfair reason you have no defence and the tribunal does not have to take into account the reasonableness of your decision.

Examples of automatic unfair dismissal include:

  • Pregnancy or maternity-leave related dismissal
  • An employee is selected unfairly for redundancy
  • You have dismissed an employee for exercising a statutory right
  • You have dismissed an employee for participating or following a trade union
  • The employee was dismissed for refusing to work in an unsafe environment

How We Can Help You

Being accused of unfair dismissal can be extremely stressful. We can advise you through the process if a claim is brought. To avoid any risk of an unfair dismissal claim we can also assist you through a dismissal process, ensuring that you are following correct and fair procedure throughout.

Our Unfair Dismissal Team

James Leighton

Managing Director

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