The right not to be unfairly dismissed
All employees who have worked for their employer for at least 2 years, have the right not to be unfairly dismissed.
If you have worked for your employer for less time, you will still have this right if the dismissal is for one of a specified number of ‘automatic reasons’. Automatic reasons include:
- You became pregnant or you wanted to take/took maternity leave
- You wanted to take/took paternity leave, adoption leave or parental leave
- You wanted to take/took emergency leave to care for a family member
- You wanted to take/took your holiday or rest rights
- You requested your rights as a part-time worker
- You requested your rights as a fixed term worker
- You joined a trade union
- You refused to join a trade union
- You complained about serious health and safety risks
- You reported serious wrongdoing (blew the whistle)
- You requested your right to the National Minimum/Living Wage
- You were a shop or betting office worker who refused to work on Sundays
- You complained you were not receiving the correct salary or holiday pay
- You were acting as an elected employee representative in a redundancy or collective consultation period
- You were taking part in ‘protected’ industrial action.
What does ‘dismissal’ mean?
A dismissal can be an actual dismissal (where your employer ends the employment) or a constructive dismissal (when you resign because your employer committed a serious breach of your contract). If you are employed for a fixed period and at the end of the period your contract is not renewed, this too, is a dismissal.
Unfair Dismissal claims
Claims for Unfair Dismissal are brought in the Employment Tribunal. The time-limits are short and strict.
If your claim is successful, you are entitled to compensation for your financial losses subject to various rules, which include a cap on the amount you can recover.
Our lawyers regularly act for clients with Unfair Dismissal claims. We are experts in the relevant law and procedure and consistently achieve excellent results both in tribunal and through negotiated settlements.
If you have been dismissed or threatened with dismissal and want advice you can telephone our employment team direct on 020 7653 3222 or email us firstname.lastname@example.org.