Unfair dismissal

Unfair dismissal may be as a result of the employer’s failure to follow a fair process in your dismissal or where the remedy of dismissal for misconduct was unjustified in the circumstances.

Unfair dismissal can, and frequently does, occur without there being any breach of contract or wrongful dismissal. There is usually a qualifying period of length of employment service, however this is waived in certain circumstances, such as discrimination.

It is important that you seek professional legal advice as soon as you can either in the dismissal process, or, if you are going through the disciplinary process with a possible outcome of dismissal.  

If you consider your dismissal to have been unfair, you may wish to apply to an employment tribunal for remedy. Under law, there is a time limited period to apply to a tribunal for unfair dismissal. There are also certain procedures that you should follow to increase your chances of a positive outcome.