London: 020 7247 7190 Manchester: 0161 883 1255 Preston: 01772 369 450 Birmingham: 0121 663 1191
London: 020 7247 7190 Manchester: 0161 883 1255 Preston: 01772 369 450 Birmingham: 0121 663 1191

Unfair Dismissal

Employees who have worked for 2 years have the right not to be unfairly dismissed. If the dismissal is connected with discrimination or whistleblowing or raising important legal rights, then the 2-year hurdle may not be required.

The rules are as follows:

  • An employer must establish a potentially fair reason for the dismissal: conduct, capability, redundancy, breach of the law (eg: driver loses driving licence) or that the dismissal is for ‘some other substantial reason’ (this can be a personality clash, a falling out with a client or even where an employee will not agree to reasonable changes to their contract)
  • The employer must act reasonably in treating the reason as sufficient reason to dismiss taking into account all the circumstances and whether a fair procedure has been followed
  • There must normally be unbiased investigations and the right to an internal hearing with an appeal
  • Dismissal must be within the range of reasonable responses

It is important to have a very clear picture with dates and evidence.

Compensation is fixed at an upper limit of 1 year’s net pay plus £479 for each year worked. Employees who are unfairly dismissed must show that they are actively looking for work to be entitled to compensation.

Dismissals are covered by the ACAS Code (1) and fairly by the employer to follow these procedures can lead to an increase of up to 25% on any award.

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London 020 7247 7190
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