Information on unfair dismissal cases

Unfair dismissal cases occur in employment law when an employee has been dismissed and the employer has acted unfairly. In order to be eligible to bring an unfair dismissal case, you must have been employed for at least one year. However this time limit is due to change. If you bring a claim after 6 April 2012, you must have been with your employer for two years. However, certain circumstances will remain exempt, such as dismissal for the reason of pregnancy.

Unfair dismissal cases are brought under the Employment Rights Act 1996 which gives eligible employees the right not to be unfairly dismissed. In unfair dismissal cases the employer must show that the reason for dismissal was one of six potentially fair reasons listed in the Employment Rights Act 1996. This means that the dismissal must be for reasons relating to the capability and qualifications of the employee, the conduct of the employee, for reason of redundancy, for some other substantial reason, for retirement or because it was illegal to continue to employ the employee.

In unfair dismissal cases it is relatively easy to show that the dismissal was for one of the permitted reasons, however, the employer must always show that the dismissal was fair by using rules set out in case law. In unfair dismissal cases, failure to follow the Acas code of conduct will result in damages being increased for the claimant by up to 25%. In reality, unfair dismissal cases will usually settle before getting to the tribunal, but your solicitor will be able to advise you on what is likely to be awarded by the judge and how much should be offered or accepted in settlement.

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