Unfair dismissals are terminations of employment by the employer, with or without notice of termination of employment, where the reason for dismissal is not one of the five statutory fair reasons.
The employer has to show that the reason, or main reason where there is more than one, is one of the following:
In addition, if the reason is not listed above, but there was some other substantial reason that justified the dismissal of the employee, then it can still be a fair dismissal. As of 2011 retirement is no longer a lawful reason for dismissal.
The law also states that, in taking into account the reason for dismissal, the employer must have acted reasonably. Guidelines established over the years by tribunals and higher courts have emphasised the need for employers to operate fair procedures. In particular, a failure by either party to comply with the ACAS Code of Practice on Discipline and Grievance Procedures will be taken into account by an employment tribunal.
Dismissed employees may complain to an employment tribunal if they have at least 12 months' service. Certain employee resignations may be constructive dismissals.
Automatically unfair dismissals do not require the 12 months' qualifying service.
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