Unfair dismissal

An employee who has been employed continuously for one year or more has a statutory right not to be unfairly dismissed.
Assuming that there has been a dismissal, the employer must be able to show that the reason for dismissal was one of the five "potentially fair" reasons and that it was fair and reasonable in all the circumstances of the case to dismiss for the reason given.

In order to qualify to bring a Claim an employee must: -
1. have been employed under a contract of employment either full time or part time.
2. have been dismissed from employment.
3. have worked the minimum qualifying period of 1 years’ continuous employment.
4. be are under 65 or the normal retirement age for their job. There are exceptions to this if your dismissal is based upon discrimination.
5. have normally worked in the UK.
6. issue the claim in the Employment Tribunal within 3 months from the date of dismissal. This is a strict time limit.

Unfair Dismissal Test
Any Claim for unfair dismissal will involve a two stage test by the Tribunal where the case will be considered on a substantive basis and a procedural basis. If the Tribunal is satisfied that the reason for dismissal was a potentially fair reason it will then go on to consider whether it was still unfair in all the circumstances: -
1. Was the dismissal for a fair reason?
There are 5 potentially fair reasons for dismissal under the Employment Rights Act 1996. If the reason for dismissal was fair reason then tribunal will go on to decide.
2. Was the dismissal dealt with fairly?
That is, was it fair in all the circumstances and carried out in a fair manner with a fair procedure. The employee can be dismissed for a valid reason eg dishonestly but the dismissal can still be held to be unfair if the employer did not follow a fair procedure.