A claim for Unfair Dismissal is one of the most common claims presented before the Employment Tribunal. Unfair Dismissal is where an employee believes that the decision to dismiss them was unfair. 

In order to dismiss an employee, the employer must prove that they had a lawful reason for dismissal such as gross misconduct, redundancy, long term absence, etc. The Employment Tribunal must decide whether the real reason for dismissal was one of the lawful reasons set down by the law. The Employment Tribunal assesses whether the decision to dismiss was reasonable based on all the circumstances. Examples of where the decision will not be reasonable include an employee being discriminated against, treated unfairly or inconsistently when compared to other employees, or if the employer's decision to dismiss appears to have been a campaign to manage the employee out of the business.

In most cases, an employee may require 12 months' full service to qualify for the right to pursue a claim for Unfair Dismissal. However, there are lots of exceptions to this requirement. If you are currently going through a disciplinary process or have been dismissed please complete the free enquiry form.