what constitutes unfair dismissal

Unfair dismissal

| Published on February 14, 2017

Unfair dismissal

Audrey Spencer, solicitor at Humphries Kirk, explains unfair dismissal:

The dismissal of a qualifying employee will be unfair unless:

  • There is potentially a fair reason for the dismissal including misconduct, capability, redundancy, statutory illegality, some other substantial reason
  • The employer acted reasonably in treating that reason as a sufficient reason for dismissal

This means that the dismissal must be both procedurally and substantively fair.

A claim for unfair dismissal is generally only available to employees who have two or more years’ continuous employment.

To achieve a fair dismissal the employer must have a potentially fair reason for dismissal, follow a fair procedure and the decision to dismiss the employee must be reasonable in all circumstances.

If you or your business requires advice on employment law, please contact your local Humphries Kirk branch for advice.

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