In this article, we’ll be discussing what counts as “unfair dismissal” as well as the actions you can take to make a claim…
If you’ve ever been dismissed from a job, it’s likely that you’ll feel a mixture of emotions including confusion, pain, and anger. It’s important to let yourself feel these emotions as you’re processing this life change. What makes matters worse is when you feel that the dismissal was not justified. And, if this is the case, it’s important to read up on employment law for employees to see if there is anything you can do about it.
To help, we’ll talk you through what counts under “unfair dismissal” and what doesn’t, as well as the actions you can take to make a claim.
What is Considered Unfair Dismissal?
Unfair dismissal is when an employer fires you without a good reason or fails to follow the proper dismissal or disciplinary process in place. If the company you worked for fails this, you may be able to make a claim. But before you make the next steps, it’s important to gain a more comprehensive understanding of what counts as unfair dismissal.
What Counts as Unfair Dismissal?
You’re likely to be a victim of unfair dismissal if you’ve been fired because:
- You’ve joined or taken industrial action as part of a trade union
- You’ve raised concerns or intend to take action over health and safety issues
- You’ve engaged in whistleblowing
- You’re on jury service
- You’re pregnant
- You’ve requested a legal employment right such as receiving minimum wage
- You’ve been asked to take ‘compulsory retirement’
The reasons listed above are considered cases of “automatic unfair dismissal”. In other words, you’re eligible to make a claim.
What Doesn’t Count as Unfair Dismissal?
Your employer has fairly dismissed you if:
- You can’t do your job – this could include poor performance or disputes with colleagues
- You refuse suitable job alternatives during company restructuring – if a company undergoes reorganisation and you don’t accept changes to your contract
- Your workplace conduct is inappropriate or negative – your employer is having to investigate any accusation of gross misconduct
- Your job does not exist anymore – while redundancy does not count as unfair dismissal, you may still be able to make a redundancy claim
- You are facing ‘statutory restrictions’ – for example, you’re a teacher but are no longer permitted to work with children
Eligibility for an Unfair Dismissal Claim
To make an unfair dismissal claim, you must also meet certain criteria. This includes being a fully contracted employee and having worked for the company for at least two years. Therefore, if you’re still on probation or self-employed, you won’t be eligible to make a claim.
To find out more about eligibility, visit the government’s website to view the guidelines.
What to do if You’ve Been Unfairly Dismissed
Most workplaces follow a similar process when it comes to dismissing someone, so here’s what you can do to ensure at the very least you can come to a mutual agreement with your employer or, as a last resort, make a claim to seek the legal justice you deserve.
1.) First things first, you should talk to your employer and see if you can resolve the matter between yourselves. This could mean, leaving on good terms with a decent reference or, even getting your job back.
2.) If you cannot resolve things with your employer, then you should speak to HR. HR are trained in things such as conflict resolution and helping employees exit the company well, so they could be a lot of help.
3.) If you’re not satisfied with the reason behind your dismissal, you should consider appealing this decision. You should have the right to appeal after your dismissal has been conveyed.
4.) Should your appeal fail, it’s best to contact an employment solicitor who can advise you on the best course of action to take.
5.) You will also need to inform ACAS before you can take your claim to the employment tribunal.
6.) After informing ACAS, you’ll be able to attend “early conciliation”. This is a form of mediation with an independent third party. If the matter is resolved, you and your employer will receive a legally binding agreement.
7.) Should you and your employer not come to an agreement, then you’ll need to take legal action. Your employment solicitor will be able to guide you through the process.
It’s important to note, you only have three months minus one day from the date of your dismissal to lodge a claim.
Look After Yourself
During this difficult time, it’s important to look after yourself as you’re probably experiencing a whirlwind of emotions. From confusion to anger, being made jobless is never an easy thing to swallow.
If you’re eligible for an unfair dismissal claim, it’s important to seek good legal advice as solicitors can help guide you through the process.
Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a trained legal professional. Be sure to consult an employment lawyer/solicitor if you’re seeking advice on unfair dismissal claims. We are not liable for risks or issues associated with using or acting upon the information on this site.
