There has been a substantial amount of discussion around unfair dismissal in recent months, as the new Government pledges to extend the right to claim unfair dismissal to all employees from day one of employment.
Unfair dismissal is a nuanced area of employment law, so it’s important for employees (and their employers) to understand what exactly they’re being given the day-one right to.
Additionally, unfair dismissal is one of several types of unlawful dismissal under UK law.
Unfair dismissal is the act by an employer of dismissing an employee without a fair reason.
Under the current law, the right to make an unfair dismissal claim is reserved for employees who have completed two or more years of service with their employer.
There are three broad categories of reason for unfair dismissal:
Proposed changes to the law would allow employees to challenge their employer on dismissal for any unfair reason, not only reasons that are automatically unfair.
Also known as constructive wrongful dismissal, this is a situation in which an employee feels forced to leave their employment due to a breach of contract or other misconduct by their employer.
Common examples of these behaviours include:
Constructive dismissal cases can be more difficult than unfair dismissal claims to win before a Tribunal, so you should ensure that you have as much evidence as possible and seek legal advice as soon as possible.
You may also consider raising an internal grievance with your employer before making a claim to try and resolve the issue, but this may not always be possible.
Wrongful dismissal is when an employer dismisses an employee, even for an allowable reason, but breaches their contract in doing so.
This is typically to do with following procedures relating to pay or notice periods, such as dismissing an employee without giving them contractual notice or pay for their notice period.
Wrongful dismissal claims are already a day-one right.
For further advice on dismissal and your rights as an employee, please contact our team.
