A dismissal can be unfair for one of the following reasons:
- The employer does not have a fair reason for dismissing the employee;
- The employer does not have a good reason for dismissing the employee;
- The employer did not follow the correct procedures when dismissing the employee; or
- The employee is dismissed for one of the automatically unfair reasons (eg because the employee asked for flexible working)
An employee needs to have been employed for 51 weeks and 1 day (where employment started after 6 April 2012, the period of employment has to be at least 103 weeks and 1 day) in order to make a claim in the employment tribunal unless there has been an ‘automatic’ unfair dismissal, in which case there is no qualifying period of employment.
The law is complex and claims can be very difficult. We can assist and advise you if you believe you have such a claim and we would urge you to contact us on 01922 645 429 before taking action.