This employment law guide explores the basics of unfair dismissal and offers guidance on how to avoid common pitfalls.
By far the most recognisable term when considering employment law and employment rights is ‘unfair dismissal’. An employee has a right not to be unfairly dismissed and this is generally contained within the Employment Rights Act 1996 although there are several other pieces of legislation which also provide rights in this area.
What is an unfair dismissal?
An employer can be found to have unfairly dismissed an employee when they have:
• Dismissed for a reason that does not fall into one of the ‘potentially fair reasons for dismissal’; or
• Dismissed for a potentially fair reason but not followed a fair procedure.
As shown above, even if the employer has a good reason for dismissing the employee, he can still be found to have unfairly dismissed when he does not correctly carry out the process leading to the dismissal.
Download this free guide to learn more about
• Who can claim unfair dismissal?
• What are the potentially fair reasons for dismissal?
• Automatic unfair dismissal
• Procedural expectations
• Constructive dismissal