In most cases, employees with at least two years' continuous service have the right not to be unfairly dismissed. For a dismissal to be lawful, an employer must:

• Have a fair reason for dismissal; and
• Follow a fair and reasonable process before making the decision.

Fair reasons include misconduct, capability or performance, redundancy, and a legal restriction preventing continued employment.

Despite the employer believing that they have valid reasons for dismissal, such as misconduct or poor performance, the procedure that must be followed is equally as important as the reason itself. For example, a proper investigation must be carried out, the employee must be given an opportunity to respond and a fair warning process must have been followed. Failure to do any of these could make the dismissal unfair.

There are several factors to consider when determining eligibility, namely:

• Length of service- Most claims require two years' service (although some are automatically unfair and do not require this.... ADD EXAMPLE
• Time limits- Claims must be started within three months, less one day from the date employment ended.
• Early Conciliation- Before issuing a tribunal claim, conciliation is mandatory to seek a settlement prior to engaging with the tribunal.

The strictness of the time limits emphasises the importance of seeking advice promptly so we can begin the process.

If the matter cannot be resolved through Early Conciliation as above, a claim may be issued in the Employment Tribunal.

This process is explained in detail here.

If successful and an Unfair Dismissal is ruled, a tribunal may award compensation in your favour. These may include:

• A basic award following certain factors, such as age, length of service and weekly pay; and/or
• A compensatory award for financial losses emerging as a result of the dismissal.

Compensation may also be altered depending on the circumstances, including the employee's efforts to mitigate loss and how each party has behaved throughout the process.

Each case will be assessed individual and a realistic valuation is an important aspect of early advice, as well as revisiting the valuation as the case progresses.

Every case is unique. When you reach out to us, we will:

• Review the circumstances of your dismissal.
• Consider the reason for your dismissal provided by your employer.
• Provide initial, realistic advice on whether a fair procedure was followed and any potential compensation.

If you are concerned that you may have received an unfair dismissal, early guidance can deliver clarity and reassurance.

To arrange an initial discussion, please get in touch.