Unfair dismissal

UK employment law states that employers must have a fair reason to dismiss an employee. If you’ve been dismissed and you feel it may have been unfair, our employment solicitors can help you make a claim.

Unfair dismissal experts

We understand that this will be a stressful and emotional time. We’ll support and advise you while working to achieve a speedy resolution, as we know you may be worried about your finances and future career.

Unfair dismissal law

What is unfair dismissal?

When you terminate an employee’s contract without a fair reason, it’s an unfair dismissal. You may also hear it called an unlawful dismissal.

Unfair redundancy is another term you might come across—but the official employment law terminology is unfair dismissal.

An employment tribunal (some businesses mistakenly call this an unfair dismissal tribunal) will find a dismissal unreasonable if you dismissed an employee for one of the following:

A reason that was automatically unfair.
Without following a fair dismissal procedure.
However, this employment law topic is much more complex than a brief explanation can summarise. And it’s important for your business to have a good understanding of how to approach unfair dismissal in the workplace.

If you don’t, you may end up having to face a costly employment tribunal process.

So, we’re here to take you through the ins and outs of unfair dismissal. Then you’ll know what you should avoid doing as an employer.

Unfair dismissal law | What you should know

Okay, so UK law explains that this issue is about dismissing a member of staff without a fair reason.

But, of course, you must remember, there are fair reasons to let employees go. Five of them, in fact—these are:

If there’s an act of misconduct, that can result in an instant dismissal.
A lack of capability for the role.
Due to redundancy reasons.
If a statutory duty arises. For example, if you have a delivery driver who receives a permanent ban.
The other fair reason is some other substantial reason (SOSR)
There are no grounds for unfair dismissal—you must have a reason to remove an employee from your business. The above examples are all legitimate.

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