Unlawful dismissal

Unlawful dismissal is an employment-law term which describes situations in which an employee has been sacked for reasons which are unlawful. An important distinction must be made between unlawful dismissal and unfair dismissal. The former relates purely to the reason for dismissing the employee, whilst the latter also factors in other tenets such as the term of the employment relationship.

Unlawful dismissal is deemed as such if the reason for the dismissal is prohibited by law. For example, an employee cannot be fired based on race, as this would violate the Race Relations Act 1976. Similarly, an employment is unlawfully terminated if it is done so based on religion, disability or sexual orientation (whether actual or perceived). When it comes to age, the law is slightly more complex. As a whole an employee’s age should not be considered in a decision to terminate his or her employment. However, as the law stands at the moment, forced retirements are allowed, which means that if an employee is over the age of 65 he or she could be forced to retire.

If you feel that you have been dismissed because of unlawful reasons, or you have been accused of unlawful dismissal, an employment solicitor can help. The rules of employment law are complex, as different rules apply to different employment relationships, and proving unlawful dismissal is quite difficult. A legal professional will be able to evaluate your case based on the relevant facts, and provide you with a reasonably reliable prediction regarding the outcome of it.

If you would like to obtain legal advice on unlawful dismissal, Contact Law can put you in touch with a local 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.