Employees are protected from being unfairly dismissed, providing they have been employed for at least 11 months and 3 weeks. There are limited exceptions to this time limit, for example where the claim relates to race or sex discrimination.
To successfully defend an unfair dismissal claim, the onus of proof is on the employer to show that the reason, or if more than one, then the principle reason for dismissing an employee falls into one of the categories set out in the Employment Rights Act 1996.
These categories are as follows:
The
employee lacked capability or qualification
The
dismissal was a result of the conduct of the employee
The
continuation of employment would contravene a statute
Some
other substantial reason
Unless the employer proves one of the above, the termination of employment will be deemed to have been unfair. Even if the employer does prove that the case comes under one of the above categories, it is still up to the Employment Tribunal to decide "in accordance with equity and the substantial merits of the case" whether the dismissal was fair or unfair. For example, in conduct cases, it will decide whether the dismissal was within the range of reasonable responses of that employer.
The Tribunal will also take into account whether or not the employer followed the recommended ACAS Code of Practice as failure to do so could also render the dismissal unfair.
From 1st February 2009, the maximum amount that can be awarded as compensation for Unfair Dismissal is £66,200. This is in addition to the basic award which can be ordered by the Tribunal up to a maximum of £11,400.
In some cases, there is no cap on the compensation that can be awarded. These include cases of sex and race discrimination, where the employee is dismissed after trying to assert a statutory right, or where he or she is dismissed for making a protected disclosure under the Public Interest Disclosure Act 1998.
In making an award for compensation in these cases, an Employment Tribunal has the power to reduce both the basic award and the compensatory award if it finds an employee's conduct contributed to the situation.
Unfair Dismissal is a vast area and each case is determined on its facts. You should obtain professional advice as soon as possible if you think you have a claim.
Other aspects of
UK employment law for employees include:
Landau
Zeffertt Weir Solicitors
