Unfair dismissal is a critical issue that affects countless workers each year. Whether you’re new to the workforce or a seasoned professional, understanding your rights in the event of an unfair dismissal is essential. This post will explore what constitutes unfair dismissal, the legal protections in place, and the steps you can take if you believe you’ve been unfairly dismissed from your job.
What is unfair dismissal?
Unfair dismissal occurs when an employee is terminated from their job in a manner that violates employment laws or the terms of their employment contract. It typically refers to situations where the dismissal is harsh, unjust, or unreasonable. Some common examples of unfair dismissal include:
- No valid reason: If you’re dismissed without a fair reason, such as poor performance or misconduct, it may be considered unfair.
- Procedural errors: If your employer fails to follow the correct procedure when dismissing you, such as not providing proper notice or failing to conduct a fair investigation, this could also be grounds for an unfair dismissal claim.
- Discrimination: If you’re dismissed due to your race, gender, age, religion, disability, or any other protected characteristic, this is not only unfair but also unlawful.
- Retaliation: If you’re dismissed as a result of raising concerns about workplace issues, such as health and safety, or for exercising your rights (e.g., requesting maternity leave), this can be considered unfair dismissal. You may also have a claim for victimisation in this scenario.
Legal protections against unfair dismissal
Most jurisdictions have laws that protect workers from unfair dismissal. In the UK the Employment Rights Act 1996 provides the framework for unfair dismissal claims. To be eligible to make a claim, you typically need to have been employed for a minimum period, usually two years.
Key protections include:
- Right to a fair process: Employers must follow a fair process when dismissing an employee. This includes providing a valid reason for the dismissal and conducting a fair investigation.
- Notice period: Employees are entitled to a notice period unless they’re being dismissed for gross misconduct. The length of the notice period usually depends on the length of service. Check your contract for clarification.
- Protection from discrimination: It’s unlawful to dismiss someone based on a protected characteristic, and doing so can lead to significant legal consequences for the employer.
What to do if you’re unfairly dismissed
If you believe you’ve been unfairly dismissed, there are several steps you should take:
- Seek advice: Contact the UWU as soon as possible. We can provide guidance and support, helping you understand your rights and the options available to you.
- Document everything: Keep detailed records of your dismissal, including emails, meeting notes, and any other relevant documents. This will be crucial if you decide to pursue a claim.
- Attempt resolution: Before taking legal action, it’s often advisable to try to resolve the issue directly with your employer. This might involve a meeting to discuss the dismissal and seek a fair resolution - we can kelp here.
- Make a claim: If you cannot resolve the issue, you may be able to make a claim to an employment tribunal. There are strict time limits for making a claim, so it’s important to act quickly.
- Seek representation: While you can represent yourself in a tribunal, having legal representation can significantly improve your chances of success. The UWU may provide legal support if your claim has reasonable prospects for success.
Key points
Unfair dismissal is a serious matter, but understanding your rights can empower you to take action if you find yourself in this situation. The UWU supports our members every step of the way, ensuring that you’re treated fairly and justly in the workplace. If you believe you’ve been unfairly dismissed, don’t hesitate to reach out for advice and support. Together, we can stand up for your rights and ensure that justice is served.