The United Kingdom labour law protects employers from terminating a person’s job in any instance that may be classed as unfair. This means, you are entitled to a fair reason for being dismissed, based on capability, conduct, or something considered to be equally substantial. Our experts here at Jordan’s have experience in dealing with unfair dismissal cases and are here to help if you feel like this has affected you.
If a dismissal is to take place, with justified reasoning, there is still a correct procedure which your employer must follow, if your employer does not follow this – this will also be considered unfair dismissal. For example, if your employer has not followed the proper consultation process, or if a proper investigation following a claim of gross misconduct has not been carried out.
The law states that you are protected from being unfairly dismissed if you’ve been with the same employer for at least 23 months and 3 weeks and not received your disciplinary notice before you have worked there 2 years. Yet, there is no time period when your claim relates to discrimination (read more about this below).
There are however some limited exceptions where the qualifying period does not apply – this is referred to as ‘automatic unfair dismissal’. This includes if the dismissal was due to a health and safety reason that you made people aware of, whistleblowing or asserting your employee rights (e.g. maternity/paternity leave).
It should be noted that unfair dismissal should not be confused with wrongful dismissal. Wrongful dismissal is when an employee’s contract has been terminated prematurely with insufficient notice.
Jordan’s Solicitors are based in Wakefield, Dewsbury and Leeds. If you have been affected by anything in this article and would like to talk to one of our legal specialists here at Jordan’s then do not hesitate to get in touch on 0330 300 1103 or click here.