All aspects of unfair dismissal claims

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All aspects of unfair dismissal claims

Protection against unfair dismissal is set out in the Employment Rights Act 1996 (ERA 1996), which provides that an employer who dismisses a qualifying employee will be vulnerable to a claim for unfair dismissal in the employment tribunal unless (a) It can show a potentially fair reason for the dismissal (there are six potentially fair reasons) and (b) The tribunal finds that the employer acted reasonably in treating that reason as sufficient to justify dismissal. This has been interpreted by the courts and tribunals as meaning that the dismissal must be procedurally fair. If an employment tribunal finds that the dismissal is unfair it can order the employer to re-engage or reinstate the employee or (as is more likely in practice) pay the employee compensation. In order to bring a claim for unfair dismissal an employee must have been dismissed. There will be a dismissal if the employer terminates the employment, with immediate effect or on notice; or the employee resigns (with or without notice) and can establish that they were constructively dismissed. This requires the employee to show three things:

• There was a fundamental breach of contract by the employer.
• The employee resigned because of that breach.
• The employee did not delay before resigning (as a delay can mean that the employee has affirmed the contract and lost the right to claim constructive dismissal).
  

A constructive dism issal is not necessarily an unfair dismissal. The tribunal will look at the employer's conduct and decide whether it acted fairly. We have vast experience in defending all types of unfair dismissal claims and can provide you with an indication at the outset of a case whether or not the claim is capable of being successfully defended.

If you require information or a consultation call us now on 0800 046 3065.

 

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