Unfair Dismissal

An employer who dismisses an employee without good reason or without following a fair procedure exposes itself to the risk of a Tribunal claim by the employee for Unfair Dismissal.

To bring a claim the employee must have at least one year’s continuous employment.

In certain circumstances the one year requirement does not apply, such as claims for sexual or racial discrimination.

The decision as to whether the dismissal was fair rests with the Employment Tribunal.

If the dismissal is held to be unfair, the Tribunal can order the employer to re-engage or reinstate the employee, or to pay compensation to the ex-employee. The upper limit for compensatory awards made by Tribunals is £66,200 (for dismissals on or after 1 February 2009).