If you feel that you have been unfairly dismissed from work, you may be able to challenge it. Losing your employment can be an upsetting and stressful time for anyone and can result in financial hardship.

As an employee, you have rights under the Employment Rights Act 2010 and Equality Act 2010.

To be able to challenge an unfair dismissal it is important to understand what this actually means in the first instance. Every situation and circumstance is different.  However, your dismissal could be unfair if your employer does not have a good reason for dismissing you or has not followed their own formal disciplinary or dismissal process.

Find out more about unfair dismissals at work below:

What Constitutes an Unfair Dismissal?

In the simplest form, unfair dismissals are when your employment contract is terminated and your employer does not have a fair reason to do so.

It can also be claimed if your employer did have a fair reason, nonetheless, they handled the dismissal using the wrong procedure.

You can visit the National Government website for further information.

What is ACAS for Employees?

ACAS is an independent public body that is funded by the Government to provide free and impartial advice to employees, employers and their representatives, i.e. unions or other third parties.

They are able to offer advice on employment rights, best practices and policies which should be implemented in all workplaces. They are also able to provide advice in relation to resolving workplace conflict and disputes between employers and employees.

What Are My Statutory Employment Rights?

Regardless of an employment contract being in place, there are certain employment rights that cannot be overridden by any contractual agreement.

These are your statutory rights which are granted and enforceable. Statutory rights are intended to provide legal protection to both you and your employer.  Examples of your statutory rights are as follows:

• you are entitled to receive a written statement of employment within 2 months of commencing your employment
• payment at or above the national minimum wage
• paid sick leave, maternity/paternity or adoption leave and holiday
• antenatal care
• the ability to apply for flexible working hours
• access to grievance procedures
• a maximum workweek of 48 hours

How Do I Enter an Employee Tribunal for Unfair Dismissals at Work?

If you wish to pursue a claim for unfair dismissal the process must be started within 3 months, less one day, of your dismissal.

If you resigned then again, to be in a position to pursue a claim this must be made within 3 months, less one day, of the date of your resignation. Your claim must be made through the ACAS Early Conciliation process.  Our employment law team at Best Solicitors can assist with this.

What If I’ve Been Employed for Less Than 2 Years?

If you have less than 2 years of employment you may still be able to pursue a claim. 

For instance, if you can show a tribunal that the main or only reason that you’ve been dismissed was that you’ve tried to assert a statutory right, your dismissal will be automatically unfair.

It doesn’t matter whether you actually had the statutory right or not, or whether it was actually infringed. If you genuinely believed you had that right and you were dismissed because you asked for it, you can make a claim.

For example, it’s automatically unfair if you’re dismissed because you asked:

• for a written statement of your terms of employment – you should get this by the day you start work
• to work a maximum of 48 hours each week
• for weekly and daily rest breaks
• for some types of family or care leave – for example, paternity leave
• to work part-time or flexibly
• to take paid holiday

You also have statutory rights for your pay. It’s automatically unfair if you’re dismissed because you asked:

• for an itemised payslip
• to be paid at least the National Minimum Wage
• not to have illegal deductions made from your pay

Automatically Unfair Dismissals

There are certain types of dismissals that are automatically unfair regardless of whether you as the employee have two years’ continuous service. For example, if you can show in the Tribunal that you have been dismissed for one of the reasons below, you could argue that your dismissal is automatically unfair:

• taking leave for family reasons – i.e. pregnancy, childbirth, statutory maternity, paternity, adoption, parental leave, shared parental leave of time off for dependents;
• raising health and safety concerns for fellow employees or themselves;
• making a protected disclosure (whistleblowing);
• submitting a flexible working application;
• asserting a statutory right; or
• raising breaches of national minimum wage.

The above list does not cover every example however, the full list of automatically unfair dismissals can be found in the Employment Rights Act 1996.

Other Reasons for Unfair Dismissals

• Dismissal for a Discriminatory Reason

Irrespective of you length of service, you can also bring a discrimination claim if your dismissal was for a discriminatory reason.

Therefore, you should consider carefully whether the reason for dismissal is linked in any way to a protected characteristic (i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation), particularly as there is no cap on the compensation awarded in discrimination claims.

Unfair Dismissals Employment Law Solicitors in South Yorkshire

Our specialist employment law solicitors are here to help with a range of workplace-related disputes. Including discrimination, harassment, unfair dismissal and redundancy. We guarantee expert advice to both employee and employer.

Get in touch with our specialist employment team today on 0114 3583134 or contact us via our contact page to arrange a free 30-minute consultation.