7. DISMISSAL

The right to claim unfair dismissal is generally available only to employees who have sufficient service (one year’s continuous service for employees whose job started before 6 April 2012, and two years for those whose employment started more recently). However, there are certain reasons for dismissal that are automatically unfair, such as dismissal for carrying out trade union duties; the employee does not need to meet the qualifying service criterion in order to bring a claim if dismissal takes place for one of these reasons.

For a dismissal to be fair an employer must first show that they had a fair reason for dismissal, which must be one of the reasons set out in section 98 of the Employment Rights Act 1996. These include “some other substantial reason”, which can encompass anything as long as the employer can show that it was a good business reason.

If the employer can establish a fair reason the next step for a tribunal is to consider whether dismissal was reasonable in all the circumstances.

For more information see Chapter 10 of LRD’s booklet Law at work www.lrdpublications.org.uk/publications.php?pub=BK&iss=1621