Unfair dismissal occurs where an employer dismisses an employee, and:
The five potentially fair reasons for dismissal are:
Even when an employer can say a dismissal is potentially fair, they must carry out a fair procedure. ACAS has a code of conduct for what it considers employers should do when dismissing for conduct or capability or for some other substantial reason.
Yes. Employees are required to have been employed for two years continuously in order to be eligible to bring a claim for ordinary unfair dismissal. This includes being employed part time.
There are strict time limits to bring a claim.
Sometimes an employer’s behaviour is so bad that employees feel they have no choice but to leave (constructive dismissal). In certain circumstances, this situation can also lead to an unfair dismissal claim.
A tribunal can award compensation through the basic award and the compensatory award.
The basic award provides an amount depending on the employee’s age and their length of time in employment. It is broken down as follows:
The maximum amount of years calculated is 20, and the level of a week’s pay is subject to statutory limits.
If you receive a form of complaint, or ET1, it is important that you observe the time limits. A company usually has 28 days to respond, and extensions are granted only in exceptional circumstances.
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