It is for your employer to prove that the reason for your dismissal is one of the fair reasons set out in the Employment Rights Act 1996. The reasons are:
If your employer is unable to prove one or more of the above reasons for ending your employment, then your dismissal will be unfair.
If you think you have been unfairly or wrongfully dismissed, you must act quickly. You have a very limited amount of time to appeal, negotiate a settlement or start the ACAS Early Conciliation process. You have three calendar months... your empoyment ended, I which to file your claim in the Employment Tribunal.
If you’re threatened with dismissal (or are dismissed), you can get help from a third party to try and solve the matter through mediation, conciliation and arbitration. You can also speak to your union representative if you’re a member of a trade union.
If you have not been able to solve a problem between you and your employer, you can normally go to an Employment Tribunal. You must have worked for your employer for a minimum period before you qualify for the right to claim unfair dismissal. If you are classed as an employee and started your job on or after 6 April 2012, the qualifying period is normally 2 years.
If you think you've been unfairly or wrongfully dismissed, our employment law specialist based in our Newbury office will be happy to discuss your case with you. You can call or email us using our contact details below, or if you'd prefer use our contact form. We will be happy to discuss your options and guide you through the process.