Unfair Dismissal Claims

Should you make an unfair dismissal claim?

If you believe that your employer has terminated your employment with them unfairly, should you make a claim for unfair dismissal? What are the grounds for an unfair dismissal claim and what are your prospects of success? This article looks at unfair dismissal claims.

What Amounts To Unfair Dismissal?

There are several reasons that a dismissal may be classed as unfair. These include:

• There was no fair reason to dismiss you (i.e. your performance in your job was perfectly adequate)
• Your employer failed to follow the correct dismissal procedure when dismissing you (each employer should have a standard dismissal policy to follow)
• The reason that you were dismissed was automatically unfair

What Is Automatic Unfair Dismissal?

An automatic unfair dismissal means that you are automatically entitled to compensation. If your employer chooses one of these reasons to dismiss you, your claim will be successful and you will be awarded compensation from your employer.

The main likely reasons for automatic unfair dismissal are:

• Your dismissal was on grounds relating to your pregnancy, child birth or maternity leave
• Because of trade union membership
• Dismissal on the grounds of jury service
• Dismissal on the grounds of taking health & safety action
• For reasons relating to the national minimum wage
• For requesting flexible working arrangements
• Dismissal in relation to your gender
• Dismissal because of your age

No Fair Reason For Dismissing You

If your employer has dismissed you for a reason which is not supported by evidence (e.g. inability to perform your job) then you will be able to claim unfair dismissal. The evidence you would need to support this claim would normally come from fellow employees or supervisors confirming that you are able to undertake your job.

Dismissal For Failure To Follow The Correct Process

All employers should have a dismissal policy or process. This sets out the terms for a fair dismissal. If they do not follow their own procedure or process, your dismissal is automatically classed as unfair. Again, this will allow you to make a claim for compensation for your unfair dismissal. A fair dismissal procedure will usually include the right to a hearing with your employer (with someone present on your behalf) followed by your right to receive a decision and to then respond to the comments made in that decision.

Summary

If you believe that you have been unfairly dismissed, you should see whether your dismissal amounts to grounds for automatic unfair dismissal, failure to follow your employer’s dismissal process or there is no other fair reason for dismissing you.

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