What Exactly is Unfair Dismissal?

Nobody wants to go into work or receive a call from their employer that they are no longer needed and they are being fired or dismissed. You might be wondering what is unfair dismissal and what are examples of it. You might also wonder if there’s anything you can do if you think you’ve been unfairly dismissed. Let’s answer your questions below.

What Is Unfair Dismissal

Unfair dismissal is exactly what it sounds like. It refers to being dismissed from work, but in an unfair way. There are legitimate and fair reasons an employer can fire you from work, but then there are reasons that are considered unfair.

However, whether or not you’ve been unfairly dismissed will depend on a number of factors. This includes whether or not you were an employee, how long you were working at the company for and whether or not your dismissal is unfair according to the law.

Examples Of Unfair Dismissal

One example of unfair dismissal is being fired for work performance when there was actually nothing wrong with it. If your employer gave your “work performance” as the main reason for you being dismissed, but you believe your performance was on par or even better than other workers, then you might have been unfairly dismissed.

The second example is you were dismissed, but your company didn’t follow the proper process involved with dismissing people. For example, if the company has specific processes that they are required to follow, but failed to do so, then this could be classed as unfair dismissal. Also, there’s a statutory minimum dismissal procedure that might need to be followed and if it isn’t, then they could have unfairly dismissed you.

A third example is being fired for an unfair reason. This can include wanting to take maternity leave. Employers are generally not allowed to fire workers for blatantly fair reasons such as taking maternity leave or sick leave. This is just one example of how you could be fired for an unfair reason.

What To Do If You’ve Been Dismissed Unfairly

You can legally challenge your dismissal. However, you only have a limited amount of time to challenge it. At the time of this writing, people have 3 months less a day from their last day of work to take action. If you wait longer than that, the chances are you won’t be able to do much.

Bear in mind if you’re self-employed or you’re an agency worker, you won’t be able to challenge a dismissal. The same goes if you’re a registered dock worker, a share fish-person or a police officer. Those in the armed forces or work for a foreign government or overseas are also not eligible to challenge dismissals.

Have you been fired from your company and you believe it was an unfair dismissal? If so, then you can challenge the dismissal by getting legal help. A skilled lawyer will evaluate your situation and the circumstances surrounding your dismissal before telling you what the next steps to take are.