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For most of us, work is key to our sense of identity and self worth. If things go wrong and you are unfairly dismissed, it can have a devastating effect both financially and emotionally. We help employees and employers alike by giving realistic, practical and jargon-free advice on unfair dismissal to get the best result available.
In most cases, employees must have at least two years continuous service in order to be able to claim Unfair Dismissal in the Employment Tribunal.
In order for a dismissal to be fair, the employer must carry out a fair procedure and must dismiss for certain reasons permitted under the Employment Rights Act 1996 – principally Misconduct, Performance, Sickness Absence and ‘Some Other Substantial Reason.’
A dismissal will be unfair if the employer fails to carry out a reasonable procedure or does not dismiss for one of those reasons.
The Employment Tribunal must decide whether the employer’s decision to dismiss the employee fell within the range of reasonable responses that a reasonable employer in those circumstances and in that business might have adopted. It does not matter whether the Tribunal would or would not have dismissed the employee if it had been in the employer’s shoes: The tribunal must not “substitute its view” for that of the employer.
The range of reasonable responses test applies as much to the investigation as the reason for dismissal. The more serious the allegation or the potential sanction, the more thorough the investigation should be.
Don’t forget, unfair dismissal claims generally have to be received by the Employment Tribunal no later than three months from the date dismissal. Read More