The impact of unfair dismissals on employers

Unfair dismissals occur when an employer sacks an employee for a reason not listed in the Employment Rights Act 1996 as being potentially fair. Unfair dismissals also occur when an employer sacks an employee for a fair reason, but in an unfair manner. The Act lists the potentially fair reasons for dismissing an employee, including conduct, capability and qualifications, redundancy, contravention of a statutory provision and some other substantial reason. It is not difficult to prove that the dismissal of an employee was for one of these reasons, however once this is shown, the employer must still show that they acted reasonably when making the dismissal.

Unfair dismissals will occur when an employer has sacked a person for a fair reason but then fails to show fair conduct across the board. When showing whether an employer has acted fairly when dismissing an employee, the tribunal will have regard to previous case law and in particular the rules laid down in Iceland Frozen Foods v Jones (1982).

Unfair dismissals will rarely get to tribunal stage. Solicitors for the employer will advise on the chances of success and if they are poor, then the employer will attempt to settle. Even if the chances of winning are good, the employer may not wish to undertake all the preparation and management time that an employment case takes and may still decide to settle. When negotiating settlements all factors must be considered, such as the chances of success, the cost of going to the tribunal, the effect of bad publicity and so on.

Employment solicitors are ideally placed to advise employers on the impact of unfair dismissal cases. The case may have no grounds, or may be very serious and potentially cost the employer a large amount. Alternatively, there may only be a slight case but publicity may have a greater impact than any financial outlay. It is vital to get specialised advice on your circumstances, and Contact Law can help you.

If you would like to obtain legal advice on unfair dismissals, 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.