Unfair Dismissal Guide for Employees

Introduction to Unfair Dismissal

Losing your job can be very stressful and upsetting. If you think you’ve been sacked unfairly, you have legal rights under UK employment law. Unfair dismissal happens when your employer ends your job without a good reason or doesn’t follow the proper steps when letting you go.

At Davenport Solicitors, we focus on employment law and can provide expert help if you want to challenge an unfair dismissal.

Understanding Your Employment Rights

As an employee in the UK, you have rights protected by the Employment Rights Act 1996 and other workplace rules. Your employer must follow proper steps when ending your contract. If they don’t do this, you might have been unfairly dismissed.

Your fundamental employment rights include:

1.   Getting a written statement of your employment terms
2.   Being paid at least the National Minimum Wage
3.   Protection against unfair dismissal (usually after two years of service)
4.   The right to request flexible working
5.   Protection from discrimination
6.   Receiving notice before dismissal

What Qualifies as an Unfair Dismissal?

Your dismissal might be unfair if:

1.   Your employer doesn’t have a valid reason for letting you go
2.   Your employer doesn’t follow a fair process when dismissing you
3.   The real reason for your dismissal breaks employment laws
4.   You’re rejected for reasons that are automatically unfair

Difference Between Fair and Unfair Dismissal

Fair dismissal happens when your employer has a good reason and follows the proper steps. Fair reasons might include:

1.   You’re not doing your job well enough
2.   Your job is no longer needed (redundancy)
3.   You’ve broken workplace rules (misconduct)
4.   You’ve broken your employment contract
5.   You can’t legally do your job (for example, if a driver loses their driving licence)

Unfair dismissal happens when your employer has no good reason or doesn’t follow the proper steps when letting you go.

Common Reasons for Unfair Dismissal

Some everyday situations that might count as unfair dismissal include:

1.   Being sacked because you’re pregnant or on maternity leave
2.   Losing your job after reporting wrongdoing at work (whistleblowing)
3.   Being dismissed after asking for flexible working
4.   Being sacked because of your age, gender, race, or disability
5.   Losing your job after raising concerns about workplace issues
6.   Being dismissed for taking part in lawful industrial action that lasted less than 12 weeks

Automatically Unfair Dismissals

Some reasons for dismissal are “automatically unfair” – this means you don’t need two years’ service to make a claim. These include being dismissed because:

1.   You’re pregnant or on maternity leave
2.   You asked for your legal rights (like minimum wage or holiday pay)
3.   You reported wrongdoing at work (whistleblowing)
4.   You took part in lawful industrial action
5.   You’re a member of a trade union or took part in union activities
6.   You raised health and safety concerns

Constructive Dismissal vs Unfair Dismissal

Constructive dismissal happens when you leave your job because your employer has broken your contract. This might include:

1.   Not paying you
2.   Suddenly changing your working hours or place of work without agreement
3.   Allowing bullying or harassment
4.   Making unreasonable changes to your job

Unlike unfair dismissal, with constructive dismissal, you leave your job rather than being sacked. However, the key point is that your employer’s actions left you no choice but to leave.

Unfair dismissal is when your employer ends your contract without a fair reason or proper process.

Legal Protections for Employees in the UK

UK law gives employees several protections against unfair dismissal:

1.   The Employment Rights Act 1996 sets out the primary laws about unfair dismissal
2.   The Equality Act 2010 protects you from discrimination
3.   ACAS (Advisory, Conciliation and Arbitration Service) provides a Code of Practice that employers should follow
4.   Employment Tribunals can hear your case and award compensation

Who is Eligible to Claim Unfair Dismissal?

To claim unfair dismissal, you usually need to:

1.   Be an employee (not self-employed or a contractor)
2.   Have worked for your employer for at least two years continuously
3.   Make your claim within three months (minus one day) of your dismissal

However, you don’t need two years’ service if your dismissal was for an automatically unfair reason.

Steps to Take if You Have Been Unfairly Dismissed

If you think you’ve been unfairly dismissed, here’s what to do:

1.   Ask your employer for written reasons for your dismissal.
2.   Gather all relevant documents and evidence.
3.   Appeal your dismissal through your employer’s appeals procedure.
4.   Seek legal advice – a solicitor can help you understand your options.
5.   If needed, file a claim with the Employment Tribunal.

Gathering Evidence for Your Case

Substantial evidence is crucial for an unfair dismissal claim. Try to collect:

1.   Your employment contract and staff handbook
2.   Letters, emails and messages about your dismissal
3.   Notes from meetings about your dismissal
4.   Your employment records
5.   Witness statements from colleagues (if possible)
6.   Records of any similar cases at your workplace
7.   Your appeal letter and any response
8.   Medical reports if your dismissal relates to health issues

How to Raise a Grievance with Your Employer

Before making a formal claim, you should try to resolve the issue with your employer:

1.   Check your employer’s grievance procedure (usually in your contract or staff handbook)
2.   Write a grievance letter explaining your concerns clearly.
3.   Attend a grievance meeting to discuss the issue.
4.   Consider bringing a colleague or union representative to the meeting
5.   Wait for your employer’s decision.
6.   Appeal if you’re not happy with the decision

Filing an Employment Tribunal Claim

If you decide to take your case to an Employment Tribunal, here’s what happens:

1.   Fill in the ET1 form (available online)
2.   Include all relevant details about your claim.
3.   Submit the form within the time limit.
4.   Your employer will be asked to respond.
5.   You may have a preliminary hearing to sort out the details of your case.
6.   Your case will be scheduled for a full hearing.

Time Limits for Unfair Dismissal Claims

It’s crucial to act quickly if you want to make an unfair dismissal claim:

1.   You must make your claim within three months, minus one day from your dismissal date.
2.   Missing the deadline usually means you can’t make a claim, though exceptions are sometimes made.
3.   Seeking early legal advice can help ensure you don’t miss these critical deadlines.

Reinstatement and Re-engagement Orders

Instead of compensation, a tribunal can order:

1.   Reinstatement – your employer must give you your old job back with no loss of pay or benefits
2.   Re-engagement – your employer must give you a similar job

These orders are rare because they require both parties to continue working together, which can be difficult after a dispute.

How Davenport Solicitors Can Help You

At Davenport Solicitors, we offer:

1.   Free initial consultation to assess your case
2.   Clear advice in plain English about your options
3.   Help with gathering evidence and building your case
4.   Support through the ACAS Early Conciliation process
5.   Representation at the Employment Tribunal if needed
6.   Assistance with negotiating settlements
7.   No win, no fee arrangements for suitable cases

Our team has years of experience helping employees with unfair dismissal claims and can guide you through each step of the process.

At Davenport Solicitors, we help you understand your rights and options. Contact us today for a free initial consultation to discuss your case.

Frequently Asked Questions (FAQs)

1. How do I know if my dismissal was unfair?

Your dismissal might be unfair if your employer didn’t have a good reason to sack you or didn’t follow the correct process. Good reasons include misconduct, poor performance, redundancy, or if you can’t legally do your job. If you think your employer’s real reason wasn’t one of these, or they didn’t follow a fair process, you might have been unfairly dismissed.

2. Can I claim unfair dismissal if I’ve worked for my employer for less than two years?

Usually, you need two years’ service to claim unfair dismissal. However, there are exceptions for ‘automatically unfair’ reasons. These include being sacked because you’re pregnant, asking for your legal rights, reporting wrongdoing, raising health and safety concerns, or joining a trade union.

3. How much compensation could I get for unfair dismissal?

Compensation usually includes a basic (like redundancy pay) and a compensatory award for lost earnings. The basic award is based on your age, weekly pay and length of service. The compensatory award is capped at £93,878 or 52 weeks’ pay (whichever is lower). The average award is much lower than the maximum.

4. What is the difference between unfair dismissal and constructive dismissal?

With unfair dismissal, your employer sacks you without a fair reason or proper process. With constructive dismissal, you resign because your employer seriously breached your contract, forcing you to leave. Both can lead to tribunal claims, but constructive dismissal can be harder to prove.

5. How long do I have to make an unfair dismissal claim?

You must make your claim within three months, minus one day from your dismissal date. Missing this deadline usually means you can’t make a claim. This is why it’s essential to seek legal advice as soon as possible after your dismissal.

6. What happens at an Employment Tribunal hearing?

At a tribunal hearing, both sides present their case to a panel (usually a judge and two lay members). You’ll give evidence and be questioned, as will your employer’s witnesses. The tribunal will consider all the evidence and decide, usually sent in writing after the hearing. Hearings are formal but less strict than court.

7. Can I get my job back if I win my unfair dismissal claim?

The tribunal can order reinstatement (getting your old job back) or re-engagement (getting a similar job). However, these orders are rare as they require both parties to work together again. Most successful claims end with compensation instead.

8. Will I have to pay my employer’s legal costs if I lose my claim?

Unlike other courts, Employment Tribunals don’t usually order the losing side to pay the winner’s costs. You’ll only have to pay your employer’s costs if you acted unreasonably or your claim failed. Similarly, your employer won’t usually have to pay your legal costs if you win.

9. Can I negotiate a settlement with my employer instead of going to a tribunal?

Yes, you can try to settle with your employer at any point. A settlement can be quicker, less stressful and more private than going to a tribunal. At Davenport Solicitors, we can negotiate on your behalf to help you get the best possible settlement. We have extensive experience reaching favourable outcomes for our clients without requiring tribunal proceedings.

10. Can I be dismissed while I’m off sick?

You can be dismissed while off sick, but only if your employer follows a fair process. This should include getting medical evidence, considering reasonable adjustments, consulting with you, and considering alternative roles. If your illness is a disability, you have extra protection under the Equality Act 2010.