Unfair Dismissal
What is it?
Unfair Dismissal is a claim made to an Employment Tribunal by employees who have in excess of twelve months continuous employment experience with their employer. It is a claim that asks an Employment Tribunal to consider the fairness of the reason for terminating a person’s employment.
There are only five potentially fair reasons for bringing employment to an end;
- Redundancy
- Conduct
- Capability
- Frustration of contract
- Some Other Substantial Reason
An employer is therefore only allowed to rely on one of those five categories and, furthermore, he must act reasonably in relying upon the reason. If not then a claim for unfair dismissal may arise.
Can I claim it?
To be able to present a claim to an Employment Tribunal for unfair dismissal you need to have been in continuous unbroken employment with your employer for twelve months. You must also be an employee and not self-employed. Complex issues can arise if you are a contractor and you need to seek advice.
How much can I get?
You are entitled to sue for your economic losses – i.e. loss of earnings, loss of pension contributions, contractual benefits arising from your dismissal. You cannot claim for stress, anxiety or injury to feelings as a result of being unfairly dismissed, although if there is a discriminatory element to your dismissal then you may be able to. Please see the section on Discrimination.
Claims for unfair dismissal are capped by statute, so that in this current year the maximum you could be awarded by a Tribunal (even if your losses were higher) is £66,200 by way of compensation if the Tribunal thought it “just and equitable” to do so. In addition the Tribunal makes a “Basic” award for each complete year of service multiplied by the sum of £350 (again this figure increases each year)