Explain Unfair Dismissal

NotesQuizPaper examCBE

Unfair dismissal is a statutory claim made only by 'qualified' employees

Who is a qualified employee?

  • Has at least two years continuous service (unless denied a statutory right)

  • Work in the UK

  • Not on unofficial strike action when dismissed

  • Not in an excluded profession (eg police)

What are FAIR reasons to dismiss someone?

  1. Employee not capable of doing the job

  2. Gross Misconduct

  3. Redundancy

  4. Statutory restrictions – such as a bus driver who receives a driving ban

What are automatically UNFAIR reasons for dismissal?

  1. Pregnancy

  2. A spent (old) conviction

  3. Official trade union membership

  4. Just maintaining health and safety

  5. Enforcing rights to the minimum wage/working time regulations

Where there's doubt as to the fairness of the Employers actions, the tribunal will look at whether the Employer acted REASONABLY

This means:

(a) Did they apply the correct procedures?
(b) Did they take all relevant circumstances into consideration?
(c) What would any reasonable employer have done?

NotesQuizPaper examCBE