Unfair Dismissal

We have successfully represented companies in a wide range of industries defending Unfair Dismissal claims.

Unfair Dismissal is a statutory claim that can only be brought by an employee (as opposed to a genuinely self-employed person, contractor or third party). Since 6 April 2012 an employee must have two years’ service with the employer in order to bring an Unfair Dismissal claim (although see the Automatically Unfair Dismissal exception below). Prior to 6 April 2012 an employee only needed one year’s service and that one year’s service rule continues to apply to those who commenced employment before that date.

An employer can dismiss an employee fairly by having a fair reason for dismissal and by the employer following a fair procedure. Where relevant, the ACAS Code of Practice should be heeded. The size and resources of an employer will also be taken in to account.

Employees have three months less one day from the date of dismissal to bring a claim for unfair dismissal.

Dismissals that are found to be for certain specified reasons will be ‘Automatically Unfair’. Examples of these are where a dismissal is: connected with a TUPE (Transfer of Undertakings Protection of Employment) transfer; for making a ‘protected disclosure’; or for taking maternity leave.

Our recent experience includes:

  • Successfully defending claims for discrimination-linked unfair dismissal
  • Defending and forcing the withdrawal of a TUPE related unfair dismissal claim
  • We regularly advise companies on how to dismiss employees fairly in order to avoid unfair dismissal claims.

For an overview on the law relating to unfair dismissal claims, please click here.

If you would like to speak on a confidential basis to one of our solicitors relation to unfair dismissal, please call us on 0203 178 5361.