What to do about an unfair dismissal.
There are 5 potentially fair reasons for dismissing an employee:
- Capability or Qualifications
- Statutory restriction
- Some other substantial reason
Whilst these may seem quite straightforward, dismissals are a minefield for employers. A fair procedure must be followed (even in the most clear-cut cases of gross misconduct) or the employer is at risk of a claim for Unfair Dismissal.
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Dismissal for the following reasons will be automatically unfair:
- Pregnancy or childbirth
- Health and safety activities
The qualifying period of employment for bringing an Unfair Dismissal claim is 2 years, except in the case of an automatically unfair dismissal, where there is no qualifying period.
If you are an employee who has been dismissed, our experienced team can assess the circumstances around your dismissal and advise as to whether you have a claim. The time limit for issuing an unfair dismissal claim is 3 months from the date of dismissal – you should not delay in seeking advice.
If you are an employer, we can advise prior to the dismissal to minimise your risk. If a claim is issued against you, our team can provide expert advice and representation in the Employment Tribunal.
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Dispute Resolution Team
Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice