Unfair Dismissal

Question 1

Define ‘Unfair Dismissal’.

Answer 1

Unfair dismissal is claim brought forward as statutory breach.

This requires two years continuous employment and is heard at an employment tribunal.

Question 2

Where does statute provide for potenially ‘fair’ grounds for dismissal?

Answer 2

Employment Rights Act 1996 (ERA) provides potentially fair grounds for dismissal under s.98 (4).

Question 3

List the five potentially ‘Fair’ Grounds for dismissal

Answer 3

Any dismissal will be unfair unless it can be brought within the following grounds:

Conduct
Capability
Redundancy
Illegality
Some other substantial reason

Question 4

Are any dismissals automatically unfair?

Answer 4

Some dismissals are automatically unfair, such as pregnancy, trade union membership, whistle blowing.

Question 5

List the four conditions before a claim of unfair dismissal

Answer 5

1. Since April 2012 the claimant must have two years continuous employment
2. The claimant must not be in an excluded category such as the police/armed forces
3. The claimant must bring the claim within three calendar months of the effective date of termination
4. The claimant must pay a preliminary fee of £250 - increased by a further £950 if the case goes to tribunal. £1,200 is awarded back if successful + damages (but not costs awarded)

Question 6

Where does the law provide for the rule on two years continuous employment from April 2012?

Answer 6

ERA s.108 as amended;

Statutory Instrument 2012/989

Question 7

What are the 3 Remedies for a claim of unfair dismissal?

Answer 7

Reinstatement (plus moderate damages)

Re-engagement (i.e. job of similar standing, plus moderate damages)

Damages (cash award pertaining to ‘heads’ of damages e.g. loss of earnings, loss of pension rights, loss of promotion opportunities etc)