Unfair dismissal what is it

Your employer is allowed to dismiss people, but if they do it unfairly you can challenge your dismissal. Contact your nearest Citizens Advice if you need help at any point. You can only challenge a dismissal if you can show it actually happened. Contact your nearest Citizens Advice for help if you resigned because either:. Unfortunately, you don't have any rights to challenge your dismissal if your employment status is:.

You can check your employment status on GOV. UK - if it seems like you're an employee, then you should have unfair dismissal rights. If you decide not to ask for your job back, the best thing to do is to prepare for what happens next and find another job.

Your employer has to send you a written explanation within 2 weeks of you asking. It might help to tell them this when you ask - not all employers know about this rule. You can ask for an explanation for your dismissal even if you don't have the right to one - your employer doesn't have to say yes. They should give you enough information to help you understand your written explanation. You might be able to get your employer to keep paying your wages if you've been unfairly dismissed for certain reasons, like:.

You should talk to an adviser for help. It isn't always clear whether your dismissal was for one of these reasons, so it's a good idea to contact your nearest Citizens Advice for help. In practice, your employer may not always give you an honest reason for your dismissal. You can check if your problem at work is discrimination.

If you think you were sacked because of an automatically unfair reason or discrimination, you can challenge your dismissal - it doesn't matter how long you've worked there for. You should also contact your nearest Citizens Advice for help. Check your contract to see what it says about your probation period and when you can be dismissed.

If you fail to follow the rules set out when dismissing an employee, you risk being taken to an Employment Tribunal and having to pay compensation. Get started. What are the rules on unfair dismissal? Note that in certain circumstances, a dismissal will automatically be considered unfair. What is unfair dismissal? What is automatic unfair dismissal? The consequences of an automatic unfair dismissal If an Employment Tribunal finds a dismissal to be automatically unfair then the employer will not be able to defend the claim and the employee automatically succeeds in their unfair dismissal claim.

Give a fair reason, follow a fair process. Comply with the contract of employment. Think about an informal chat instead. An informal chat may be suitable if the misconduct isn't serious or deliberate.

The consequences of unfair dismissal. The maximum amount they can claim for unfair dismissal changes every year. Follow us. If they've been dismissed for an 'automatically unfair' reason it does not matter how long they've worked for their employer. The employee must tell Acas first that they want to make a claim. Acas will offer them the option of 'early conciliation', a free service where Acas talks to both the employee and employer. It gives them the chance to come to an agreement without having to go to tribunal.

Find out more about early conciliation and making a claim to an employment tribunal. A 'wrongful dismissal' is when an employer has breached an employee's contract.

It's usually to do with notice or notice pay. If an employee wants to make a claim for wrongful dismissal, it does not matter how long they've worked for their employer. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number.

If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form. Breadcrumbs Home Advice Dealing with problems at work Dismissals. Overview Dismissing someone fairly Dismissals with and without notice Unfair dismissal Constructive dismissal.

Unfair dismissal If an employee thinks their dismissal was unfair they might be able to challenge it. It depends on the individual situation but the employee might have been dismissed fairly if: there was a fair reason the reason was enough to justify dismissing them the employer followed a full and fair procedure During the coronavirus COVID pandemic, employees have the same rights as usual to not be unfairly dismissed.