Unfair Dismissal

A dismissal can be unfair for one of the following reasons:

  • The employer does not have a fair reason for dismissing the employee (eg if there was nothing wrong with the employee’s job performance)
  • The employer did not follow the correct procedures when dismissing the employee
  • The employee is dismissed for one of the automatically unfair reasons (eg because the employee wanted to take maternity leave)

An employee needs to have been employed for 51 weeks and 1 day in order to make a claim in the employment tribunal unless there has been an ‘automatic’ unfair dismissal, in which case there is no qualifying period of employment.

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