If you have been employed by the same employer continuously for two years, you have the right not to be unfairly dismissed.
Potentially fair reason for dismissal
If your employer wants to dismiss you, the dismissal has to be for a potentially fair reason. The five potentially fair reasons are:
- Conduct
- Capability
- Redundancy
- Illegality
- Some other substantial reason
Even if your employer does have one of the potentially fair reasons to dismiss you, they still have to act reasonably in making the decision to dismiss you.
Fair procedure needs to be followed
It is for the employer to show that the reason (or principal reason) for the dismissal was for one of the five potentially fair reasons outlined above. If your employer does have a fair reason to dismiss you then they need to be able to demonstrate that they acted reasonably in treating it as a sufficient reason to dismiss you.
What is considered “reasonable” will depend on the size and the resources of the employer. For example, a large, well-established company will probably be expected to follow a formal dismissal procedure. If your employer has a disciplinary policy, then they should follow the process outlined in the policy.
Generally speaking, in order for the dismissal to be procedurally fair, the employer should:
- Make sure that the employee is aware that they are at risk of dismissal and provide the reasons why
- Give the employee the chance to put their point of view across
- Allow the employee to be accompanied to any formal disciplinary or grievance meetings
- Allow the employee to appeal against any formal decision that has been made
What do I do if I think I have been unfairly dismissed?
If you think you have been unfairly dismissed, our unfair dismissal solicitors would be happy to guide you through your options. You could have grounds to bring a claim in the employment tribunal. If you were to be successful in an unfair dismissal claim, the following remedies are available:
- Reinstatement (getting your job back)
- Re-engagement (your employer re-engages you, but in a different role to your original job)
- Compensation (the amount of compensation you could be awarded is capped at either one year’s salary or, £188,224, whichever is lower).
There is a strict deadline for bringing an unfair dismissal claim, so if you think you might have a claim, it is best to get advice as soon as possible.
In addition to bringing a claim, our unfair dismissal solicitors can also advise you on your options if you think you are about to be dismissed. Please get in touch to see if we can help.
Why choose B P Collins as your unfair dismissal solicitors?
With 50+ years of experience and extensive knowledge, we’re consistently ranked in legal directories such as Chambers UK and The Legal 500, for the strength of our employment practice.
Our unfair dismissal solicitors have a wealth of experience in advising employees on unfair dismissal claims.
The firm has been named in The Times Best Law Firms from 2022-2024. The employment solicitors are also members of the Employment Lawyers Association.
Price and service transparency
We pride ourselves on achieving the best possible and most cost effective outcomes for our clients, be that through pursuing a strike out of some or all of a claim or defence or negotiating an appropriate settlement.
View our price and service transparency here.
Contact our unfair dismissal solicitors today
If you are unsure whether you have been dismissed unfairly or would like to take your employers to court, get in touch with our experienced unfair dismissal lawyers in London, Ickenham, Thame and Gerrards Cross on 01753 889995 or email enquiries@bpcollins.co.uk.
