Need legal advice relating to an unfair dismissal/wrongful dismissal? Consilia Legal are expert Employment Law Solicitors in Leeds, London, Harrogate, York and Sheffield with excellent reviews. We offer a Free Initial Discussion to get initial advice on your situation, either as an employer or an employee and we will discuss the best way forward. Our employment law team, led by Marie Walsh, Employment Law Director & Workplace Mediator.
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Unfair Dismissal – The Basics
- Does the employee have the required length of service?
- Is there a fair reason for the dismissal?
- Was the dismissal fair and reasonable in all the circumstances?
- Is the claim in time?
There are 5 fair reasons upon which to base a dismissal in the Employment Rights Act. These are;
- Conduct
- Capability
- Redundancy
- Illegality
- Some Other Substantial Reason
In order to have acted reasonably in deciding to dismiss an employer must also show that it has acted in a fair and reasonable manner. The Tribunal looks at this with reference to the substantial merits of the case and the size and resources of the employer.
So for example the Tribunal will look at whether a fair procedure was carried out. In a conduct dismissal, this would mean perhaps a suspension, investigation of the issues, a disciplinary hearing, right to be accompanied at the hearing and an appeal.
Even if there is a fair reason to dismiss the dismissal may nevertheless be deemed unfair if procedural flaws can be demonstrated.
Reference should be made to the ACAS Code. Failure to comply with the Code could result in increased compensation up to 25%.
The burden of proof to demonstrate a fair dismissal is upon the employer. For employment ending on or after 1 October 2026, the usual tribunal time limit is six months less one day. Earlier dismissals are generally subject to the previous three-month limit. Contact Acas within the applicable time limit; early conciliation affects how the final deadline is calculated.
Prior to claiming employees must now contact ACAS about Early Conciliation. Extensions can be granted in certain circumstances but this is rare.
Please get in touch today to discuss your situation around unfair dismissal or redundancy. Our Employment Law team are on-hand to help and advise.
