Unfair dismissal

There are only six potentially fair reasons for your employer dismissing you, as set out in the Employment Rights Act 1996. These are:

• a reason relating to the employee’s capability or qualifications
• conduct
• redundancy
• retirement
• that the employee could not continue working in that position without contravening a statutory provision
• “some other substantial reason” that would justify dismissal.

If your employer can establish that one of these reasons applies, they must then also show that they acted reasonably in dismissing you for that reason.

However, there are many reasons for dismissals designated as “automatically unfair”. These are wide-ranging and include reasons relating to trade union activity, taking or seeking to take maternity, paternity or adoption leave, requesting flexible working arrangements and reasons relating to the national minimum wage.

We can advise you on all aspects of a dismissal and identify whether you have a case for unfair dismissal, for which you will normally require 12 months’ service.

For more information on how we can help you, please contact us on
01702 339222 or at employee@btmk.co.uk