There must be a fair reason for your dismissal. Under employment laws, an employer may dismiss an employee due to:

• Lack of capability or qualification
• Conduct amounting to gross misconduct
• A genuine redundancy
• Some other substantial reason

If an employer cannot outline a fair reason for your dismissal, then your dismissal could be unlawful. For example, an employer cannot dismiss you because of:

• A protected characteristic, such as your age, sex, race, pregnancy or maternity, religion or beliefs, disability, gender reassignment, marriage or civil partnership, or sexual orientation
• Whistleblowing
• A work-related personal injury claim
• Trade union membership or short periods of industrial action
• A refusal to give up your working rights

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Unfair dismissal claim

If you believe that you were unfairly dismissed, then you could have grounds for an unfair dismissal claim. However, you are only eligible to take legal action if you have worked for your employer for a minimum period of two years. The exception to this rule is if you’ve been dismissed because of political opinions or affiliation.

At Aticus Law, we can advise whether your dismissal was unfair, and whether you are eligible to pursue legal action against your former employer. If so, we will manage the claim for you, working to achieve your desired resolution. This might include re-engagement, reinstatement or the payment of damages. Due to the breakdown of the relationship between employer and employee, most claims are for damages.

Get early legal advice

Claims must be made at the employment tribunal within three months less one day of your dismissal. This means that early legal advice is essential.

We understand that being dismissed from your employment is a distressing situation, especially if there is not a valid reason for your exit. If you have been treated unfairly by an employer, we are here to uphold your employment rights and ensure that you get the justice you deserve.

Get in touch with our experts today for free, no obligation legal advice

0161 521 0829

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