Unfair dismissal

Dismissals can be both fair and unfair.

Employment law legislation allows five reasons which are capable of justifying dismissal:

• Conduct
• Capability
• Redundancy
• A statutory requirement
• Some other substantial reason

Legislation also provides numerous situations whereby a dismissal will be held to be automatically unfair, for example, if you were dismissed because of your membership of an independent trade union.

If your employer has a valid reason for a dismissal, he must still act reasonably in all the circumstances in dismissing you for that reason, or else the Tribunal may rule that the dismissal was unfair.

Determination as to whether your employer acted reasonably in dismissing you can involve a consideration of your employer’s actions and behaviour leading up to the dismissal, in addition to the way the dismissal was carried out. The Tribunal will also assess whether your employer adhered to appropriate disciplinary procedures.

Contact our employment solicitors on 084 4804 4800 or request a quick and free call-back.