Unfair dismissal claim: when and how to claim

An unfair dismissal is a termination of employment by the employer, with or without notice of termination of employment, where either the reason for dismissal is one that is automatically unfair, the reason for dismissal is neither one of the five statutory fair reasons nor falls into the category of some ‘other substantial reason’ or the employer did not act reasonably in making the decision to dismiss or follow a fair procedure.

There is no 'Unfair Dismissal Act'; the law on unfair dismissal is contained in the Employment Rights Act.

If your employer dismissed you for any of the following reasons, you may have an automatically unfair dismissal claim:

• Dismissals on grounds of sex, race, sexual orientation, religion or belief, and disability
• Dismissals connected with pregnancy or maternity
• Dismissals related to trade union membership
• Dismissals for asserting any statutory right (i.e. a right given by legislation), such as a request for a written statement of particulars of your employment, or complaining about health and safety
• Dismissals where the employer has failed to use the standard minimum disciplinary procedure.

The five* statutory fair reasons for dismissal under the Employment Rights Act are those based on:

• Capability or qualifications
• Conduct
• Valid redundancy
• In order not to breach a statutory requirement

* As of October 2011, there is no longer a default retirement age, making this point inapplicable.

If your reason for dismissal does not fit into any of these categories you may have an unfair dismissal claim. Additionally, the reason may be able to be categorised as some ‘other substantial reason’ that justifies the dismissal.

If you think you have been unfairly dismissed, you may consider raising a grievance or negotiating with your employer; considering whether mediation, conciliation or arbitration with the Advisory, Conciliation and Arbitration Service (ACAS) might be suitable; or making an unfair dismissal claim to an employment tribunal. For claims of unfair dismissal, Acas can mediate or conciliate either before or after dismissal occurs. In many claims of unfair dismissal, Acas is able to successfully negotiate a solution outside of court, saving time, money and stress.

Dismissed employees may complain to an employment tribunal if they have at least 12 months' service at their place of work. Automatically unfair dismissals do not require the 12 months' qualifying service.

If you would like to obtain legal advice on an unfair dismissal claim, then Contact Law can put you in touch with a local specialist employment solicitor free of charge. So, if you have any questions or would like our help in finding local employment solicitors please call us on 0800 1777 162 or complete the web-form above.

Last Updated on 17/11/2011