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Unfair Dismissal

Dismissals are only fair if an employer acts reasonably in dismissing an employee for a valid reason, and following an appropriate procedure.

In order to make a claim for unfair dismissal, an employee must:

  • Be an employee and not a worker;
  • Have been in employment for at least a year;
  • Be below the normal retirement age.

There are certain exceptions to the “one year” rule, such as an employee who has been dismissed for a maternity related reason.

There are a number of reasons considered fair for dismissal contained within employment legislation such as capability/ conduct/ redundancy/ business reorganisation / short-term maternity leave cover.

If you are an employer or an employee needing advice on unfair dismissal or any other employment law matter, please contact our specialist team today.


