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Dismissal procedure

Under employment law, employees with more than two years of service have the right not to be unfairly dismissed. This means an employee can only be fairly dismissed for one of the few permitted potential fair reasons:

  • Capability

  • Conduct

  • Redundancy

  • Breach of a statutory obligation, or

  • Some other substantial reason

It is not enough for an employer to merely have a potential fair reason, an Employment Tribunal will want to scrutinise the process the employer followed to ensure it was fair.  An employer’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures could also result in an uplift of up to 25% on any compensation you are awarded.

 In certain circumstances, people with less than two years of service also have the right not to be unlawfully dismissed, including where the dismissal is related to:

  • a protected characteristic, i.e. their sex, race, age, disability, sexual orientation, gender reassignment, marriage or civil partnership, pregnancy or maternity or religion or belief;

  • them having ‘blown the whistle’

  • participating in jury service, and

  • taking part in official industrial action

So, whether you have two years of service or not, it is worth speaking with one of our specialist Employment solicitors to discuss what rights you may have and what steps you can take to challenge the way you have been treated.

Prior to issuing a claim you need to contact the conciliation service ACAS to commence Early Conciliation (EC).  If EC is unsuccessful you will be given a Certificate Number, which you will need to put on the ET claim form you submit to the Tribunal.  The actual deadline to commence a claim in the Tribunal will depend on when you start EC and the date the certificate is issued.

Which? Legal can help

Our specialist advisers can provide expert legal advice on cases of unfair dismissal. We can help you identify grounds that qualify for unfair dismissal, what to do if you’ve been discriminated against, and what procedures your employer must follow to ensure a dismissal is fair.

We provide individual, jargon-free advice and can help guide you in taking an unfair dismissal case to an employment tribunal.

Why Which? Legal?

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