top of page

EMPLOYER INFORMATION

UNFAIR DISMISSAL

You may need to dismiss an employee for various reasons, but to avoid unfair dismissal claims, you must follow the correct legal process.

Procedural errors or lack of justification can make a dismissal unfair.

1. When does an employee qualify for unfair dismissal protection?

Employees normally gain the right to claim unfair dismissal after 2 years’ continuous service.

Important exceptions — protection from day one

No qualifying period is required if the dismissal relates to:

• pregnancy or maternity

• health and safety concerns

• whistleblowing

• asserting statutory rights

• discrimination

Government proposals 

The government has proposed removing the 2‑year qualifying period.

This has not yet come into force, but employers should prepare for significant changes.

2. Potentially fair reasons for dismissal

To justify a dismissal, the employer must show it falls into one of the five statutory categories:

• Capability – performance or health

• Conduct – misconduct or rule breaches

• Redundancy

• Statutory restriction – e.g., loss of a required licence

• Some other substantial reason (SOSR) – e.g., breakdown of trust, reorganisation

This is only the first step — the Tribunal will also assess fairness.

3. Was the dismissal “fair”?

The Tribunal will consider whether the employer acted reasonably, taking into account:

• all circumstances of the case

• size and resources of the organisation

• consistency with previous decisions

• whether alternatives were considered

4. Procedure — essential for fairness

Even if the reason is fair, a dismissal may still be unfair if the employer fails to follow a fair procedure.

You must ensure:

• a reasonable investigation

• written allegations

• a disciplinary meeting

• the right to respond and present evidence

• the right to be accompanied

• the right of appeal

Failure to follow the ACAS Code can increase compensation by up to 25%.

5. Why seek advice before dismissing?

Before dismissing an employee, it is wise to consult me because I can:

• assess the legal risks

• confirm whether the reason is potentially fair

• ensure the procedure is ACAS‑compliant

• prepare documentation

• advise on alternatives such as settlement agreements

This significantly reduces the risk of a Tribunal claim.

6. How I help employers

• assessing unfair dismissal risk

• advising on procedure and documentation

• preparing investigation notes and letters

• supporting disciplinary meetings

• representing employers in ACAS and Tribunal proceedings

Untitled design_edited_edited.png
qt=q-95.webp

Marta Inkin (MCILEX)
UK Employment Law Consultant
Solidum Solicitors,
316 Northolt Rd,
South Harrow,
Harrow HA2 8EE
Website: martainkin.co.uk
Telephone: 0207 036 1900

Solicitors Regulation Authority. SRA number: 634883

regulated_logo.webp
pngegg.png
Untitled design_edited.png
blob.png

© Nikni Designs Ltd 2024

bottom of page