Unfair dismissal

If you feel your employer has sacked you or prematurely terminated your contract of employment without suitable explanation, you might be entitled to pursue a claim of unfair dismissal. Laws covering unfair dismissal are in place to protect workers' rights against employers who attempt to get rid of staff unlawfully.

What is an unfair dismissal?
One where either you weren't fired for a fair reason, or you weren't fired 'correctly', or both. You could be sacked for a perfectly valid reason, but if the employer doesn't follow the right procedures, you could still win compensation. It's easier to say what the tribunals consider fair than what is likely to be found unfair.

• Incapability - in terms of qualifications, competence and health.
• Serious or repeated misconduct - theft, being drunk on the job, leaking confidential information, being regularly late or absent, etc.
• Redundancy - provided the method for selection was fair.

Was the dismissal carried out correctly?
The tribunal will look at whether the employer had a proper disciplinary procedure, and whether they followed it. Written warnings aren't obligatory in every situation: in cases of serious misconduct, for instance, immediate dismissal can be perfectly fair. But the tribunal will look at whether bosses, for example, investigated allegations thoroughly and gave you the chance to have your say.

Can anyone bring a claim of unfair dismissal?
No. You must :

• have a proper contract of employment. If you are a casual or temporary worker, you won't have any protection;
• have been employed by your organisation for one year without any breaks;
• be under 65;
• work in the UK.

Can I claim at any time?
No - you have only three months from the date on which you were fired.

I wasn't sacked but I had to resign because of the way I was being treated. Can I claim?
Your case could be treated as 'constructive dismissal' if your employer acted 'unreasonably', for example, by victimising you, not supporting you in a difficult situation, changing your job without consulting you, falsely accusing you of misconduct or harassing or humiliating you. But to successfully pursue a claim of constructive dismissal, you would have to have resigned soon after the incidents in question.

Can my union help if I am unfairly dismissed?
Your union representative is there to provide help and support. They may bring in an officer at national level to help you in the case of unfair dismissal. Trade unions have experts dealing with this sort of issue and can provide expert information, such as the likelihood of success should you wish to take your case to an employment tribunal. Sometimes solicitors are involved, but in more straightforward cases a union officer will be able to present your case.

If you believe you have been dismissed unfairly seek advice from your Citizens Advice Bureau or a solicitor (for a contact in your area visit the employment solicitors web site on www.employment-solicitors.co.uk)

More advice on your rights