Unfair dismissal

Unfair dismissal guidance:

Once it has been established that a claimant has the right to bring an unfair dismissal claim (see Practice Notes: Entitlement to claim unfair dismissal) and Definition...

Practice Note

Produced in partnership with Keith Bryant QC of Outer Temple Chambers. Pension loss will generally only arise in cases where an individual has lost their job and the...

Practice Note

Following a finding of unfair dismissal, one of the possible orders that the tribunal can make (see Practice Note: Unfair dismissal remedies—general) is an order for...

Practice Note

To succeed in a claim of unfair dismissal, the claimant has to establish that he was dismissed by the employer. A contract of employment may terminate in a number of...

Practice Note

Where a qualifying period of employment is required to bring an unfair dismissal claim (see Entitlement to claim unfair dismissal), the claimant's period of continuous...

Practice Note

The right not to be unfairly dismissed is a purely statutory right arising under section 94 of the Employment Rights Act 1996 (ERA 1996). There are a number of qualifying...

Practice Note

FORTHCOMING CHANGE: From April 2020, employer National Insurance contributions (NICs) will be payable on termination payments above £30,000. This change will be...

Practice Note

In certain circumstances, an interim remedy is available to an employee claiming unfair dismissal before the final hearing of his claim and before any finding of unfair...

Practice Note

Even where an employer can establish that the reason for dismissal is potentially fair, the dismissal may be found to have been unfair where the employer has...

Practice Note

For employees starting fresh employment on or after 6 April 2012, the right not to be unfairly dismissed generally only arises when the employee, by the effective date of...

Practice Note

One of the potentially fair reasons for dismissal is that the employee could not continue to work in the position which he held without a duty or restriction imposed by...

Practice Note

Reasons that relate to capability and qualifications are potentially fair reasons for dismissal. Capability is defined, in relation to an employee, as meaning his...

Practice Note

Conduct is a potentially fair reason for dismissal. Dismissals for misconduct are probably the most frequent category of unfair dismissal claim brought before the...

Practice Note

Once it is established that a claimant has the right to bring an unfair dismissal claim—in other words, that they were an employee, they were dismissed, the claim was...

Practice Note

Redundancy is a potentially fair statutory reason for dismissal. However, as with other potentially fair reasons, the fairness of a redundancy dismissal is to be...

Practice Note

Even if the reason for dismissal does not fall within one of the specific potentially fair reasons set out in ERA 1996, s 98(2), the dismissal may still be fair if the...

Practice Note

This Practice Note contains guidance on a fair procedure to be followed where: • an employer is proposing to dismiss as redundant 20 or more employees within any period...

Practice Note

Where there is no statutory obligation to consult with any existing employee representatives (see Practice Note: Collective redundancy—the triggers for the statutory...

Practice Note

Re-engagement is one of the orders that may be made by a tribunal following a finding of unfair dismissal. For a discussion of the other remedies available, see Practice...

Practice Note

Reinstatement is one of the orders that may be made by a tribunal following a finding of unfair dismissal. For a discussion of the other remedies available,...

Practice Note

An award of compensation for unfair dismissal generally consists of a 'basic award' and a 'compensatory award'. The basic award is made to reflect the fact that the...

Practice Note

FORTHCOMING CHANGE: From April 2020, employer National Insurance contributions (NICs) will be payable on termination payments above £30,000. This change will be...

Practice Note

Where an employment tribunal upholds an employee's unfair dismissal claim, it will go on to consider possible remedies: • an order for reinstatement—ordering the employer...

Practice Note

Three months beginning with the effective date of termination An unfair dismissal claim must generally be submitted to the employment tribunal within the three months...

Practice Note

From time to time, an employer may wish to commence negotiations with an employee (or vice versa) to settle a dispute or agree terms of the employee's departure. The...

Practice Note