Unfair and Wrongful Dismissal

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Unfair and Wrongful Dismissal

Employees with two years service cannot be lawfully dismissed unless the employer has a ‘fair’ reason for the dismissal such as misconduct, poor performance, capability (ill health), redundancy or ‘some other substantial reason’. Even within those potentially fair reasons an employment tribunal will listen to the evidence and decide whether the dismissal was actually fair in all of the circumstances of the case.

Sometimes the procedure adopted by the employer makes the dismissal unfair even if it would otherwise have been a lawful dismissal. An example could be where an employer fails to allow an employee to appeal the decision to terminate their employment.

In certain circumstances employees with less than two years service may be able to claim that their dismissal was automatically unfair, for example if an employee has been the victim of unlawful discrimination.

The geographical reach of our network of specialist barristers is such that, subject to availability, we can offer representation at every Tribunal and court in England, Scotland and Wales.