From Termination To Triumph: Understanding Unfair Dismissal

Unfair dismissal and unfair employment practices can be seriously damaging to the employees affected, as well as the business itself. You may be wondering what unfair dismissal is and what it means for you. Our blog dives into everything you need to know about unfair dismissal, and where you can find legal advice for your case. To find out more, keep on reading! 

What Is Unfair Dismissal?

Unfair dismissal is when an employee is terminated, or fired unfairly. If the termination is wrong, unfair or unreasonable, this would be treated as an unfair dismissal. Following the Employment Rights Act 1996, employee dismissals need to be handled via the proper procedure and with care. Before an employer dismisses you, they should do the following:

●    A valid reason for dismissal

●    They should follow procedure and adhere to the law

●    Make a fair decision about your dismissal

●    An employer should also put your dismissal in writing

5 Categories Of Unfair Dismissal 

There are 5 categories of unfair dismissal that you should be aware of to understand whether your dismissal is valid.

●    Lack of capability - If the employee didn’t have the correct qualifications or was incapable of doing the job, this is a valid reason for dismissing an employee.

●    Employee conduct - If the employee’s behaviour was inappropriate this could justify dismissal. This could include dishonesty, poor attendance or failure to follow instructions (this could be classed as gross misconduct).

●    A genuine redundancy

●    The continuation of the employment would contravene a statute (for examples, if you need to drive into work but you’ve been banned from driving for speeding)

●    SOSR - This stands for Some Other Substantial Reason and covers any other valid reason that hasn’t been listed above. There could be a clash with another member of staff or a problem in your contract.

Written Dismissal

When your employer puts your dismissal into writing, it should include:

●    Why you’ve been dismissed

●    When the employment contract will end

●    The notice period

●    Your right to appeal the decision

If you don’t receive a written dismissal letter, this is a problem and you should speak to your HR department.

PJE Solicitors: Legal Advice You Can Trust

Here at PJE Solicitors, we specialise in a range of legal issues, including employment law. Our team of excellent employment solicitors are renowned for their astute legal advice and support. If you feel you’ve been unfairly dismissed, it might be time to seek legal counsel.

To find out more about our services feel free to get in touch with us today. Our legal team will be happy to help you with your case.