Immigration Lawyers With Over 55,000 Applications Approved. | See our success stories
+44 (0)333 414 9244 Mon - Fri, 8:30am - 8pm and Sat - Sun, 10am - 4pm | Client Portal
Contact Us
Application & Advice From Top Immigration Lawyers

Unfair Dismissal: Guide for Employees

Your employer cannot dismiss you without a “fair reason” once you’ve reached two years’ continuous service. However, to enforce protections against unfair dismissals, you could be required to take legal actions that may warrant the aid of an employment professional.

If you’ve been unfairly dismissed and need advice on how to proceed, call our employment solicitors at +44 (0)333 414 9244.

Call us on +44 (0)333 414 9244 for immediate help and assistance

We have helped over 55,000 people get their visas approved the first time

Complete the form below to request a call back

    What are the benefits of choosing IAS’ Advice Package?

    Our Advice Package is the ideal option if you are looking for expert immigration legal advice. With this service, you will have a one-on-one session with one of our immigration lawyers.

    Your immigration lawyer will consider your case and offer bespoke advice, and they will advise you on the optimum route to take to achieve your desired result.

    During your advice session, you will be able to discuss your case and get detailed information about your options to proceed with your case. We will:

    Review your situation and explore your opportunities to get your desired immigration results.

    Advice on the most appropriate documentary evidence required to support your case.

    Discuss the requirements that you need to meet to qualify for your visa.

    Outline the expected time frames to process your application.

    After booking your first consultation, you will have 3 days to ask any follow-up questions free of charge.

    Regardless of what your personal immigration query might be, IAS is here to help and support your. Call us or enquire online to learn more about our Immigration Advice Package.

    Services we Provide

    What is Unfair Dismissal?

    Unfair dismissal is the unilateral decision by the employer to end the employment relationship due to reasons other than those that employment law considers “fair”. In essence, unfair dismissals target an employee’s statutory (legal) right more than mere contractual entitlements.

    As an employee, you are entitled to protection against arbitrary decisions from employers. You have the right to make unfair dismissal claims but only if you’ve been working for the same employer for two or more years prior to the dismissal. Otherwise, you can only file claims before a tribunal for dismissals that were done in breach of contract (what is called “wrongful dismissal”) or for reasons that are deemed “automatically unfair” (more on this later).

    Furthermore, you’d have to hold the status of employee (under an employment contract) to have unfair dismissal protection.

    You will not enjoy this protection if you are:

    • A worker (including an agency worker)
    • A self-employed person
    • A police officer or member of the armed forces
    • A dock worker
    • A share fisherman
    • A foreign government employee
    • An overseas employee

    What Are Considered Fair Reasons for Dismissal?

    Overview

    Employers can justify a dismissal but only on the following principal grounds:

    1. You’re not able to do your job adequately.
    2. You have a long-term illness.
    3. Your role is considered redundant.
    4. Gross misconduct.
    5. The existence of a statutory restriction.
    6. The impossibility to keep you employed.
    7. Some other “substantial reason”.

    Let’s go over these reasons one by one:

    1. You’re Not Able to Do Your Job Adequately

    It’s said that you’re unable to do your job properly if you lack the capability to undertake the work assigned to you or if you have been unable to keep up with updates and new technologies implemented in the workplace.

    This issue can be brought up in your subsequent performance reviews, and your employer must unequivocally state what is expected from you and issue a warning that the quality of your work is diminishing. They’re also obliged to grant you time to improve and proper training if necessary so that you may get acquainted with the new system or working method.

    In some instances, poor performance reviews can result from discrimination rather than a reasonable assessment of the work. In these cases, you always have recourse to discrimination claims.

    For example, if you are pregnant and you’re evaluated under the same yield standards as your peers, there is a good chance that you’re discriminated against and you have a great chance to challenge a potential dismissal on supposed performance grounds.

    Poor performance is not measured on the basis of one isolated failure. Instead, each instance of failure should signal a trend. Nevertheless, a separate failure could be deemed as a conduct issue rather than a performance one.

    2. You Have a Long-Term Illness

    Employers are not obliged to keep you employed if you suffer from a long-term illness. However, to move on with the dismissal, your employer should carry out a reasonable investigation of your condition and do everything in their power to offer you alternative positions that you’d be able to fill without additional health risks. If you’re not given those opportunities, you can ask for compensation on account of unfair dismissal.

    What’s more, if your ill condition is deemed a disability, you can claim disability discrimination if that was the principal reason for your ousting.

    Paraphrasing the provision contained in the Equality Act 2010, a disability is an impairment (physical and/or mental) that can affect your capacity to undertake normal routinary activities in the long-term (more than 12 months). In addition, the affectation must be substantial (meaning that you would take considerably more time to perform daily tasks such as brushing your teeth or dressing).

    An employment tribunal will assess whether the condition is considered irreversible, your chances of recovering and whether it was acquired through the employer’s fault (compensation for personal injuries should be asked before a civil court).

    Other considerations include your time in the company. If you worked for your employer for more than ten years, the judge may consider it reasonable for your employer to grant you sick leave for up to a year, yet unreasonable if you were only employed for two or three years.

    3. Your Job is Considered Redundant

    If your employer needs to reduce the size of their workforce (e.g., for risk of insolvency or technological advancements), they can decide to distribute the workflow and, in most scenarios, consider some roles redundant. In those cases, it’s safe to assume that the dismissal due to redundancy is “fair”, provided that a selection process was followed.

    The following should not be included as selection criteria for redundancy:

    • Political opinion
    • Age
    • Gender
    • Race
    • Religious belief
    • Marital status
    • Pregnancy
    • Maternity, paternity, or parental leaves
    • Performing jury service
    • Whistleblowing
    • Being a trustee of a company pension scheme
    • Taking legal action for a health and safety issue or participating in health and safety activities
    • Membership in a trade union and participation in trade union activities
    • Participating in a legal industrial action lawfully

    If any of the above is regarded as a criterion for making you redundant, you can file a claim for unfair dismissal, apart from a discrimination claim.

    Even if you were selected rightly for redundancy, you can still demand:

    • Statutory redundancy pay
    • A notice period
    • Time off to land a new job
    • Switch to a different role
    • A consultation meeting with your manager or employer

    4. Gross Misconduct

    Gross misconduct is one of the few reasons that could lawfully bar you from a notice period or a written warning and your employer could opt instead for summary dismissal. However, not all situations call for summary dismissal, especially if the employee can bring up mitigating factors that justify their behaviour.

    Common examples of gross misconduct include:

    • Breach of confidentiality
    • Assault on a workmate or manager/employer
    • A blatant act of insubordination
    • Gross negligence in the exercise of your duties
    • Actions that put other employees’ health and physical integrity in jeopardy
    • Theft
    • Poor attendance
    • Sexual harassment
    • Alcohol or drug abuse

    Other examples of gross misconduct may be found in the company handbook and they may vary depending on the role.

    You must also be mindful that, according to case law, summary dismissal may be warranted if you engage in several acts of misconduct that end up constituting a trend (cumulative effect). There is a fine line that employers must draw when assessing whether summary dismissal is called for or not, but it would be ultimately the judge who will determine if that decision was correct.

    5. Statutory Restriction

    In a nutshell, if the exercise of your role hinged upon the fulfilment of certain legal conditions (such as holding a driver’s licence) that are no longer met (your licence got suspended), your employer is not only entitled to dismiss you but they’re obliged to do so at the risk of infringing the law.

    A ruling by the Employment Appeal Tribunal (London Borough of Hounslow v Klusova) explained that, in those cases, not even a disciplinary procedure ought to be followed unless the employee can prove that the cause of the dismissal had nothing to do with a statutory restriction.

    6. Impossibility to Keep You Employed

    In this instance, just as in the case of redundancy, there is no disciplinary matter to resolve as the reason for terminating the contract ensues from events that are beyond the employer’s control (such as the destruction of the workplace due to natural disasters, arson, etc.)

    This is considered a fair reason since there is no fault on the part of the employer. However, if you feel that the reasons are not connected to the alleged event, you can always dispute that before an employment tribunal.

    7. Some Other Substantial Reason (SOSR)

    This reads like a scapegoat argument that employers have recourse to when there are no specific reasons to end the employment relationship. However, this is not a blank term by which employers could invoke frivolous or meaningless causes. Case law has made an effort in developing this idea conspicuously.

    SOSR dismissals normally involve situations such as:

    • Personality clashes with other employees that make it impossible for the troublemaker to keep working in the company. Employers should justify how this friction with other teammates became a major business concern.
    • A conflict of interest that could potentially thwart the company’s goals (e.g., the employee has a close relative working for a competing business.)
    • A change in terms and conditions that the employee vehemently refuses to accept without giving a reasonable excuse. Employers must show evidence that the changes were made for “sound business reasons” and not out of arbitrariness.
    • Patterns of behaviour that the employer might find risky for the business’s reputation in an industry that demands a very steep level of safeguarding and an unblemished record (e.g., school teachers caught displaying erratic behaviour towards children or downloading inappropriate material).
    • Refusal from a major client to keep working with the company unless the employee is ousted. This problem frequently arises with companies that send their employees to work in their client’s locations, such as security or maintenance companies.

    In all of the above examples, the burden of proof is on the employer to show that the grounds for dismissal were substantial enough that any delay in dismissing the employee would harm the business notably.

    We provide support and advice concerning unfair dismissal. Get in touch with us today to discuss.

    What Is an Automatically Unfair Dismissal?

    An “automatically unfair” or automatic unfair dismissal is one that is so fundamentally unfair that it doesn’t even require you to satisfy the two-year continuous employment prerequisite.

    These dismissals tend to infringe on basic employee’s statutory employment rights, mainly dealing with equality and non-discrimination. This is so even if the employer managed to follow a “fair” procedure. For the purposes of the employment tribunal, you only need to prove that you were automatically unfairly dismissed to compel the employer to award damages and even reinstate you.

    Automatically unfair dismissals are easier to prove than ordinary unfair dismissals. When you claim unfair dismissal, the judge may occasionally transfer the burden of proof if the employer made a good case. Not so much when there was a proven automatically unfair reason because the real reason behind the dismissal could not be concealed behind “reasonable” arguments from the other side.

    Some examples of reasons that could be categorised as automatically unfair include (but are not reduced to): Pregnancy and everything related to maternity, leaves for family reasons, joining a trade union, being under a part-time or fixed-term contract, trying to affirm a statutory right (such as an itemised pay statement or flexible working), and/or undertaking jury service, among others. All reasons linked to the protected characteristics alluded to in the Equality Act 2010 (some of which were already hinted at) are automatically unfair as well.

    an employment lawyer for employees

    Unfair Dismissal Vs. Constructive Dismissal

    Unfair dismissal and constructive dismissal are concepts that are heavily related to one another but don’t refer to the same action.

    Unfair dismissal is characterised by the issuance of a dismissal letter by the employer on unfair grounds. Meanwhile, constructive dismissal does not require the employer to expressly dismiss the employee. Instead, the employer prompts the employee to forcefully resign due to a serious breach of contract that harms the employee’s trust.

    Unfair Dismissal Vs. Wrongful Dismissal

    Wrongful dismissal is frequently confused with unfair dismissal, but it refers to a whole different type of situation that’s more connected to a breach of a contractual term.

    A typical example of wrongful dismissal is the inobservance of the employee’s right to a contractual notice period or the employer’s failure to heed the contract’s fixed term. All of these could be rightfully construed as wrongful dismissals even if the employee hasn’t met the two-year employment requirement yet.

    An unfair dismissal, as indicated in a previous section, is done in violation of a legal right, even if it was not recognised explicitly in the contract of employment.

    We can help you with unfair dismissal issues and claims. Contact us today.

    Fair Procedure

    Apart from unfair dismissal protection, as an employee, you hold the right to a statutory minimum dismissal procedure, as well as a first and final written warning (with some very special exceptions). This means that the employer must summon you so that you may provide arguments in your defence and bring your evidence (including witnesses), as well as representatives to aid you during the meetings.

    The employer is obliged to examine the facts from all angles and come to an impartial conclusion following the Acas Code of Practice for Disciplinary and Grievance Procedures or, if available, the procedure contained in the company’s staff handbook or employment contracts.

    What’s an Unfair Dismissal Claim?

    An unfair dismissal claim is a petition submitted to an employment tribunal so that they may evaluate the case and decide accordingly. The employment tribunal will receive your claim form and, if admitted, will send a copy of the form to the employer (the respondent), who would have to draft a thorough response within the next 28 days from the date of receipt.

    The judge will then decide whether to convene a meeting – so that the parties may clarify their positions – or issue a verdict. In the course of the judicial process, the parties may arrange a settlement agreement or go through a conciliatory process.

    Before making a claim against your employer, you must notify Acas (Advisory, Conciliation, and Arbitration Service), who will then offer an early conciliation.

    Get in touch with our team today to learn more about our professional services and to find out how we can help.

    How We Can Help You

    Our firm has been largely dedicated to defending both employers and employees in a variety of disputes. For this reason, we’re more than prepared not only to give timely advice on how to move forward in a dismissal controversy but also to offer a clearer view of how these proceedings work from a broader vantage point. That way, you can benefit from a more level-headed and convincing defence strategy.

    If you have already fallen victim to unfair dismissal or fear that you may be deprived of your employment unfairly in the near future, entrust your defence to a competent legal team that will undoubtedly support you from the moment you receive your first warning sign.

    Call us at +44 (0)333 414 9244 to learn more about the services we offer.

    Our expert employment support and advice sessions are available in person at our offices, or via the phone.

    Table of Contents

    Table of Contents will appear here.
    Telephone Icon

    Get clear, professional guidance for your immigration case.

    Call us to discuss your case on +44 (0)333 414 9244.

    Frequently Asked Questions

    Your compensation consists of both a “basic award” (a fixed sum totalised according to a set formula) and a “compensatory award” (which is more speculative).

    The formula for basic awards in unfair dismissal cases hinges on the employee’s age at the time of dismissal, as well as the gross weekly salary and duration of the employment. The maximum amount you can claim is £571 per week of service (from April 2022) with a maximum total sum of £93,878 or a year’s gross pay (whichever is lowest).

    Compensatory awards, on the flip side, are based on past and potential losses of earnings and benefits.

    That depends on the cause behind the denial. Employers/managers are not bound to approve every flexible working arrangement request, but they must at least give them a fair reading and response. They must also show that they’ve tried to grant the request to the best of their ability.

    There is no moral damage compensation for ordinary unfair dismissals unless an additional claim for discrimination is also made. Otherwise, you will only get compensation for monetary losses.

    What our clients are saying

    Immigration Advice Service4.7
    Based on 2008 reviews
    Siddhartha Basu
    3 days ago
    Saima Jabeen was extremely helpful during my advice session. She gave clear guidance and followed up with a detailed advice letter. Farhine Chowdhury was assigned as my caseworker, and provided me expert support and advice throughout the process. I am pleased to have made use of IAS' services.
    Edoardo Vescovi
    4 days ago
    I could book a non-urgent appointment within 2 weeks. The person on the phone was very kind to go through multiple available dates with me and finalise the booking for the entire 5-10m. The person on the video-call was knowledgeable, highlighting points that I had overlooked, despite gathering and reflecting on my information for quite a while. I'm still using that advice today.
    I had a very good contact and their advice were clear.
    I highly recommend IAS. Thanks to Anne Liu who has been utterly professional yet a wealth of expertise. Always a polite and approachable case lawyer, with remarkable both customer service and efficient assistance in the whole process for a successful visa application.
    Ridley
    6 days ago
    Laura Christian has been very helpful in giving me advice and the information I needed. Immigration law is very strict and confusing, but this service breaks it down in manageable chunks and hiring them makes the application process a lot smoother and without too much stress.
    Mohammed Fhaid
    1 week ago
    I would like to thank Mark for taking the time to review my case and provide detailed legal advice. He was professional, respectful and took the time to explain the relevant immigration options and limitations clearly. I would also like to mention that my initial contact with IAS was with Nadeen Taylor. From the beginning, I explained that my main concern was not simply obtaining a Student visa, but finding a possible lawful way to leave Gaza and continue my studies in the UK. I specifically asked whether IAS could assist with this particular aspect of my situation, and I was reassured that this could be looked into. While the advice I ultimately received clarified a number of important points, I had hoped that the specific issue of possible evacuation from Gaza, including whether there might be an exceptional or alternative legal mechanism, could be explored further. Overall, I appreciate Mark’s professionalism and the time he spent considering my circumstances. I am grateful for the assistance provided and for the clarity of the advice I received.
    peter mccann
    1 week ago
    Very helpful and knowledgeable
    Eddie O'Neil
    2 weeks ago
    Highly recommend this service. My caseworker, Charlene Phillips, was very knowledgeable, professional & was able to answer all of our questions & put our minds at ease. She helped my partner & I with the guidance we needed to make a plan which would finally see us re-locate together.
    Noah Izadpanah
    2 weeks ago
    I am incredibly grateful to Clare for all the support and hard work she has given me throughout my asylum case. After everything I have been through, receiving my Visa was an incredibly emotional and unforgettable moment for me. Clare was always patient, supportive and understanding, and she stood by me throughout a very difficult period of my life. I truly appreciate all the time, effort and care she put into my case. Her support meant more to me than I can put into words, and I will never forget her kindness. Thank you so much, Clare, for everything you have done for me. ❤️
    David C
    2 weeks ago
    Ms Saimah Razzaq assisted me in successfully obtaining my wife's settlement, having helped on her prior visas also. She has always been professional, efficient and helpful in advising exactly what documents and other information is required that she then checks prior to finally submitting the application. She will answer any questions that you you may have, and gives feedback along the way. I can highly recommend Saimah to assist you.
    David Morley
    2 weeks ago
    Carina gave me great advice and guidance, really easy to talk to
    King Hashim
    2 weeks ago
    5/5 Stars — Exellant service "I cannot thank Saima Razzaq enough for all her hard work and support throughout our ILR application process. From start to finish she was professional, patient, and kept us updated every step of the way. We faced delays and extra checks due to being self-employed, which made the process longer and more stressful than expected. Saima was there through it all — giving clear advice, helping us chase things up, and guiding us on making formal complaints and claiming a refund when the service took far longer than promised. She fought our corner properly and never gave up. My husband has now had his application approved and we are absolutely over the moon. We couldn’t have got here without Saima’s help. If you need assistance with immigration applications, Saima Razzaq is the person to go to. Thank you so much!"
    C.M. Jacob
    2 weeks ago
    Han Wei was an incredible source of knowledge, support and expertise for my settlement application. I could not have acheived a positive outcome without her and her team
    Robert Scheer
    2 weeks ago
    I would like to say thank you so much for all your help and support. I couldn't have been happier with the outcome.
    Hilary LeFur
    2 weeks ago
    My immigration enquiry was rather unusual and complex. I spoke to Mark Rigby an Immigration Advice Lawyer who was patient, understanding and offered clear, detailed advice. A comprehensive explanation of future procedures required and associated fees was given. This conversation was helpful and reassuring.
    Adenike
    2 weeks ago
    Rachel was really attentive, calm and encouraging. She took the time to listen and explain everything clearly. I definitely recommend this service; it was worth the investment.
    Vanshika Agrawal
    3 weeks ago
    Working with Abdul on our spouse visa extension has been an absolute pleasure. He’s been incredibly professional and meticulous with our paperwork. He helped us navigate the complex process of visa extension and moved so quickly whenever we needed extra help - even drafting custom letters to prove my right to work and rent while we wait for the decision. His warm, collaborative approach made this process incredibly easy. I can't thank him enough and highly recommend him to anyone looking for a brilliant immigration lawyer!
    Ahmed Mansoor
    3 weeks ago
    I did my Spouse Visa Application inside the UK with the help of IAS and my case worker was Abdul Mutee who helped me throughout the process from documentation to the application and finally after the application I got a positive response from the home office.
    Nesrine Shalabi
    3 weeks ago
    My residency was renewed promptly and without glitches.
    My experience with IAS has been fabulous so far Laura Christian was very helpful in taking the time to research what my options were based on my needs and wants can’t recommend her enough
    Katende Moses
    3 weeks ago
    I appreciate the professional handling and advice by counsel Shazia Ershad and the Immigration advice service as a whole.
    Man Chung CHAU
    3 weeks ago
    Staff are nice, solicitors are reliable and helpful.
    Shazia Ershad, was very helpful and informative while she stayed very professional during the consultation.
    Sharlene Mulewa
    3 weeks ago
    "Saima Jabeen is absolutely amazing. She was so kind, patient, and made everything feel easier. I felt listened to and supported throughout. I can’t thank her enough. 5 stars ⭐⭐⭐⭐⭐"
    Josephine
    3 weeks ago
    I am so grateful to Immigration Lawyer Saimah Razzaq and the team at Immigration Advice Service (IAS) for helping me secure my ILR! From our very first consultation, they were professional, patient, and completely clear about what documents I needed. ILR applications can feel overwhelming, but Saimah Razzaq went through everything with incredible attention to detail and kept me updated at every step. Thanks to thier hard work and expertise, my application was approved immediately a day after my biometrics! I coudn't recommend them enough to anyone navigating the UK immigration system!

    We are the UK’s leading immigration specialists

    IAA Accredited UK Immigration lawyers

    We’ve had over 25,000 applications approved

    We are open Mon–Fri, 8:30am–8pm & Sat–Sun, 10am–4pm.

    How our UK Immigration Lawyers can help

    At the Immigration Advice Service our lawyers specialise in a wide range of UK visas, nationality and asylum applications and have represented clients in various successful complex and high-profile cases.

    Get in Touch

    Head Office:

    Immigration Advice Service
    Ashwood House, Ellen Street
    Oldham, OL9 6QR, United Kingdom

    Head Office Phone:

    +44 (0)333 414 9244

    We have over 12 offices across the world, find a branch near you.

    Call us now at +44 (0)333 414 9244 or request a call back using the form below.

      Subscribe

      Newsletter sign up

        In the news

        Get in touch with our team

        Learn about our professional services and find out how we can help.

        x

        • Leading immigration specialists
        • Over 25,000 approvals
        • Accredited immigration lawyers
        • Open 7 days a week
        X
        Call Us