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What is Unfair Dismissal?

What is Unfair Dismissal?

Unfair dismissal is a dismissal whereby the employer terminates the employee’s contract without a fair reason for doing so. In the United Kingdom the Employer Rights Act, of 1996 deals with unfair dismissal. Part-X of the Act exclusively deals with the unfair dismissal of an employee by an employer.


What are the circumstances, that are considered as unfair dismissal?

  • When the reasons given for the dismissal was false, or
  • The reason given by the employer is unfair, or
  • Dismissing an employee by the employer without giving proper notice to the employee, or
  • Dismissal of an employee for asking flexible working hours, maternity leave, minimum wages or legal rights, or
  • Dismissal of an employee for joining a trade union or being a trade union representative.
  • Dismissal on the basis of discrimination or racism

What are reasonable grounds for the dismissal of an employee?

As per the Employment tribunal, there are 5 grounds under which the employer is free to dismiss the employee, and such dismissal is considered as fair dismissal, those are:

Firstly, with respect to capability, where the employee misrepresents the health of the employee.Secondly, with respect to the conduct of the employee, that is if an employee does any sort of misdemeanour like theft in the company or having abusive or racist behaviour. Thirdly if the behaviour of the employee is redundant Fourthly, if the employee breaches any duty which is mandatory under civil or criminal statutes.

And finally, if the employee rejects to do work with a particular colleague or with a piece of particular equipment which is an essential part to complete the work.

How CP Law Associates can help you:

At CP Law Associates are employment law lawyers are on hand tor provide you with the knowledge that you may need if you believe that you have been a victim of unfair dismissal. Our employment lawyers will be able to explain to you, exactly where you stand with your  case and whether it is worth pursuing, you will be assigned an expert employment lawyer with specialist knowledge in this type of case. To get the guidance that you need please contact us today, we offer a free initial consultation. 

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