We are specialist Unfair Dismissal solicitors
Video: Clare McDairmant discusses key issues regarding Unfair Dismissal law.
A dismissal is when an employer terminates an employee’s employment or a contract expires without renewal. Dismissal may be with or without notice. If dismissal is without notice, the employer must make a payment in lieu of notice, unless the dismissal is for gross misconduct. The minimum notice period (after one month’s service) is one week, or, if greater, one week for each full year of service, up to a maximum of twelve weeks.
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An employee with 51 weeks’ service, or an employee with less than 51 weeks’ service, dismissed for certain prohibited reasons (e.g. pregnancy), may bring a claim for unfair dismissal in an employment tribunal, within three months of the termination date. There are around 45,000 unfair dismissal claims every year.
An employer defending an unfair dismissal claim must show that dismissal was for one of the permitted statutory reasons: capability; conduct; illegal employment; redundancy or ‘some other substantial reason’ (which includes, for example, a breakdown in relationships). If the employer can show that dismissal was for one of these reasons, the tribunal goes on to decide whether the employer acted reasonably or unreasonably in treating this reason as justifying dismissal.
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If a dismissal is unfair, the employee usually receives a basic award (equal to a statutory redundancy payment) plus a compensatory award (up to £68,400) of net loss of earnings until he or she can reasonably find another job. These awards may be reduced if the employee’s conduct contributed to the dismissal or (if the dismissal was unfair for procedural reasons) he or she would possibly have been dismissed in any event (e.g. business closure).
A dismissal occurs when an employer terminates an employee’s employment or a contract expires without renewal. Dismissal may be ‘constructive,’ where an employee is entitled to resign because the employer has ‘repudiated’ the employment contract.
Dismissal may be with or without notice. If dismissal is without notice, the employer must make a payment in lieu of notice, unless the dismissal is for gross misconduct. The minimum notice period (after one month’s service) is one week, or, if greater, one week for each full year of service, up to a maximum of twelve weeks.
An employee with 51 weeks’ service, or an employee with less than 51 weeks’ service, dismissed for certain prohibited reasons (e.g. pregnancy), may bring a claim for unfair dismissal in an employment tribunal, within three months of the termination date. There are around 45,000 unfair dismissal claims every year.
An employer defending an unfair dismissal claim must show that dismissal was for one of the permitted statutory reasons: capability; conduct; illegal employment; redundancy or ‘some other substantial reason.’ If the employer can show that dismissal was for one of these reasons, the tribunal goes on to decide whether the employer acted reasonably or unreasonably in treating this reason as justifying dismissal.
In a claim for constructive dismissal, the employee must first prove the dismissal. This involves showing that:-
- the employer was in fundamental breach of the employment contract;
- the breach was the reason the employee resigned; and
- the employee resigned promptly without ‘affirming’ the breach.
The first hurdle is usually the most difficult. Employers have no legal duty to act ‘reasonably.’ A constructive dismissal is almost always an unfair dismissal.
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If a dismissal is unfair, the employee usually receives a basic award (equal to a statutory redundancy payment) plus a compensatory award (up to £65,300) of net loss of earnings until he or she can reasonably find another job. These awards may be reduced if the employee’s conduct contributed to the dismissal or (if the dismissal was unfair for procedural reasons) he or she would probably have been dismissed in any event (e.g. business closure).
Dismissals and tribunal claims are generally stressful. Stakes, both emotional and financial, can be high. Expert advice can minimise risk and expense.
We are specialist unfair dismissal solicitors and can help you; please call us on 01483 303636.
