What is Unfair Dismissal?

Unfair dismissal is a right that is protected under the Employment Rights Act of 1996. Making a claim of unfair dismissal is more complicated than claiming wrongful dismissal. To start, an employee must have worked for the company for at least two continuous years. Beyond that, there is a “two limb” test that must be applied. The first limb involves being sure the employee has been dismissed for one of five fair reasons. Those reasons include capability, conduct, redundancy, statutory illegality and other substantial reasons. If the termination can’t be attributed to one of these five reasons, it can be deemed unfair. 

The second limb ensures that an employer’s conduct is legal and appropriate. This limb also ensures that the termination was fair in relation to the size and resources of the company. The dismissal must also follow reasonable proceedings and in a professional manner. If either of the limbs is not deemed appropriate and fair, the dismissal is also considered unfair. 

Wrongful Dismissal

Wrongful dismissal is a contractual right and isn’t protected by legislation like unfair dismissal is. This is considered a right on the first day of employment and there is no length of employment requirement that needs to be met to claim wrongful dismissal. An employee has a set amount of time to make this claim, which is generally three months, minus one day, after the date of dismissal. 

An employee can also take this to civil court, with a limitation of six years. In the event of a winning claim, the employee may be entitled to financial compensation for the termination. It’s important to consider the potential for damages, as in many cases the amount isn’t substantial and might not be worth the time spent seeking reparations. 

Claiming Both

In some cases, both an unfair dismissal and a wrongful dismissal can be claimed. This can affect the total amount of compensation that a terminated employee can receive. It’s best to have a legal representative on your side in cases like this. 

If you want to file a wrongful dismissal or unfair dismissal claim, we can help. You’ll need a reputable and experienced employment discrimination lawyer on your side so call Jance M. Weberman, a professional law corporation today and we’ll help you get started. Remember that there are time restrictions to make a claim so don’t wait. Call us today.

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