In the event that there is a dismissal in the workplace, an employer must demonstrate that the reason falls under one of the potentially “fair” categories stated in the Employment Rights Act, 1996. An unfair dismissal occurs when your termination of employment does not fall under one of these categories or has not been managed under a fair and reasonable process.
As specialist unfair dismissal solicitors, our team at JLJ legal can guide you through the process of making an unfair dismissal claim.
Book your first 30-minute consultation with our team to discuss your next steps.
What is unfair dismissal?
Unfair dismissal in the workplace occurs when an employer dismisses an employee from their job for reasons that are considered unjust in law. Unfair dismissal can also occur when an employer has a fair reason for the dismissal but does not follow the correct procedure when terminating the contract.
Types of unfair dismissal
There are five reasons that can be considered as fair for an employer to dismiss an employee, set out by the Employment Rights Act, 1996.
Capability, which includes both performance and capacity
If continued employment would break the law such as immigration status
Some other substantial reason, a catch-all provision which is very case sensitive
If you are dismissed, your employer must show that the reason falls into one of these categories and the burden of proof is on them. However, if you are able to point at other reasons for your dismissal or show a lack of process, you can claim your dismissal to be unfair.
This may be for a number of reasons, including:
Reasons relating to discrimination such as pregnancy
Being a part-time or fixed-term employee
Issues relating to pay and working hours
Because your manager didn’t like you
Because you raised a grievance
How can I claim for unfair dismissal?
If you feel that your employer has terminated your employment for an unfair reason, you may be able to claim for unfair dismissal.
Unless you’re claiming for an automatically unfair reason, you must have worked for a qualifying period of two years in order to make a claim. If you meet these requirements, you can go ahead with making your claim in the employment tribunal.
How can our Unfair Dismissal Solicitors help you?
With vast experience and knowledge in unfair dismissal, our team can support you with:
Any pre-claim work such as raising a grievance and appealing your dismissal
Attempting to reach a settlement before you need to issue a claim
Issuing a claim in the Tribunal if settlement cannot be achieved
Running the claim for you together with a trusted barrister
If you believe you have lost your job for unfair reasons, you could make a claim for unfair dismissal.
To find out more about how you can claim for unfair dismissal, book your initial call today.