In the UK, workers can’t be sacked solely on the whims of their employers. In some circumstances, the dismissal might be considered unfair, and therefore challengeable by the employee in question in a court of law.  

Understanding Unfair Dismissal 

But what exactly is unfair dismissal? In some cases, it might be that the employer has terminated an employee’s contract without a good reason. In others, it might be that the appropriate process was not followed.  

Typically unfair dismissal can only occur when an employee has been working for a given business for two years or longer. There’s also a time limit that starts counting down from the moment your employment is ended. You’ll have three months to start legal proceedings. 

Employers might also get around unfair dismissal by failing to actually dismiss you. If you’ve voluntarily resigned or been temporarily suspended rather than sacked, then by definition, you can’t have been dismissed unfairly. 

Some of the more obvious unfair grounds for dismissal relate to your personal circumstances. It’s not fair to dismiss a woman because she has become pregnant. At the same time, an employer can’t fire a whistleblower on the grounds that they are a whistleblower, or because they’ve voiced an unpopular political opinion (unless they’ve brought the company into disrepute). In many cases, the rules are open to interpretation – and you’ll be bound by the decision of your tribunal. 

Steps to Challenge an Unfair Dismissal 

As we’ve mentioned, it’s a good idea to get the legal process started quickly, if you want to challenge the dismissal. To begin with, you might appeal the decision through your employer’s internal procedures. This may not be successful, but it will allow you to demonstrate that you’ve tried to resolve the problem amicably, which might reflect well on you when you come to challenge the decision later on. 

You’ll bring your claim to what’s called an employment tribunal, which is a legal arena in which employment-related legal disputes are settled. Getting a good result from this process means having the right legal expertise on your side – which is why having an experienced employment lawyer on your side can be so critical. 

Recent Developments in Unfair Dismissal Cases 

When challenging a dismissal, it’s a good idea to have strong evidence backing up your case. Recently, a headmaster claimed in court to have a disability, only for evidence to show that his golf handicap had improved, which was taken to mean that his claim was no longer valid. If you have the facts on your side, then you’ll need a plan for pointing to them. This is something that a good lawyer will be able to help you do.