Unfair and Wrongful Dismissal

square icon - unfair dismissal solicitors When is dismissal unfair in the UK?

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:

  • You were not qualified to carry out the job
  • Your ill health meant you were no longer capable of carrying out the work
  • You were dismissed because of your conduct, for example, your dishonesty, fighting, poor attendance, failure to follow your employer’s instructions
  • There was a genuine redundancy
  • Continuing your employment would contravene a law, for example, if you are banned from driving and you are required to drive as part of your job
  • Some other substantial reason such as:
  • A personality clash between you and your employer
  • A client requests that you not manage their account
  • You unreasonably refuse to accept changes to your terms and conditions of employment
Photo of a person being unfairly dismissed from their job - Andrew Egan Associates solicitors can help!

If your employer is unable to prove one or more of the above reasons for ending your employment, then your dismissal will be unfair.

square icon - unfair dismissal solicitors What do I do if I have been unfairly or wrongfully dismissed?

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.

square icon - unfair dismissal solicitors What should I do now?

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.

Initial no obligation consultation. Fixed rates, no hidden extras. Call us today on 01635 890560 or Email Us

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