Being fired from a job (officially termed as “dismissal) can often come as a shock and feel unfair. Employers have the discretion to dismiss their employees, but if they do so unfairly it can be challenged..
A dismissal occurs in three ways an employer:
- An employer terminates a contract of employment, with or without notice
- A fixed term contract expires without renewal
- Constructive dismissal where an employee resigns because of a fundamental breach of contract by the employer
To find out whether an unfair dismissal claim can be brought, the following needs to be established:
- Employment status – only an employee can bring a claim
- Continuous employment – only an employee with two or more years of service can bring a claim
- Where an employee works – only employment with a substantial connection to the UK qualifies
- Was the reason for dismissal potentially fair because of:
- Capability or qualifications
- Statutory restriction
- SOSR – some other substantial reason
- Did the employer act reasonably when dismissing the employee for one of the five potentially fair reasons.