Unfair Dismissal

In all cases of dismissal, an employer must have used a fair procedure and behaved responsibly in the circumstances leading to the sacking – for example, issuing verbal and written warnings about minor instances of unacceptable behaviour.

This applies even when there is substantial cause for sacking an employee. This usually falls under the banner of gross misconduct. It is fair to dismiss an individual for such offences as theft, embezzlement, sexual or racial harassment and assault. But an employer must have investigated the situation and established that it was a case of gross misconduct.

A dismissal could be unfair if the necessary procedures were not followed, or if you are sacked for:

• Circumstances of gender, race or disability.
• Pregnancy and issues relating to pregnancy.
• Taking parental leave, maternity leave or time off for looking after dependants.
• Refusing to work in situations of serious and imminent danger.
• Complaining or bringing proceedings against the employer for breaking statutory employment rights.
• Seeking to exercise the right to be accompanied at a grievance or disciplinary hearing.
• Refusing to forgo a right under the working time regulations.
• Seeking to enforce rights under the National Minimum Wage Act.
• Making a protected disclosure under the whistle blowing legislation.
• Trade union membership (or non membership), or for trade union activities.
• Acting to obtain (or prevent) recognition of an independent trade union.
• Taking part in lawful industrial action.
• Taking action in connection with part time workers' rights.
• Refusing Sunday work (this applies to retail workers).

Claims for unfair dismissal can be bought at an Employment Tribunal (http://www.employmenttribunals.gov.uk) within three months – via an ET1 form – and you must have worked for your employer for at least 12 months. However, this qualifying period is not necessary in some cases, such as if you were sacked for being pregnant or raising health and safety issues.

A tribunal may order the employer to reinstate you, with all rights, privileges and lost pay restored, or may demand that the company re-engage you in a job comparable with your previous position, with no loss of money or security.

However, if this is not the recourse you are seeking you can instead accept financial compensation that will be based on loss of wages, future earnings and pension rights. There is usually a limit of £50,000, except in cases of sexual discrimination, when damages are limitless.

Your general conduct in the workplace and willingness to find another job will be taken into account by the tribunal and may affect the amount awarded to you.

If you wish to appeal against a tribunal’s decision, it will allow fresh evidence to be presented – if it ‘could not have been reasonably known of or foreseen’ at the original hearing - but will not hear the facts of the case.