Claiming Unfair Dismissal if Dismissed for Gross Misconduct just Shy of the Qualifying Period

In most cases, employees can file a claim for unfair dismissal against their employer only after completing minimum two years of service. Previously the claiming period was one year, however it was extended to two years in 2012. This gives the employers some flexibility when it comes to managing and dismissing staff with less than … Read more

Conduct dismissals

Dismissing an employee by citing gross misconduct should be the last resort for an employer. A dismissal is said to occur when an employer terminates the employee’s contract. Just as formal disciplinary actions become necessary only after the informal methods fail to resolve the problem, an employee should be dismissed only after none of the … Read more

Contributory Fault

Contributory fault is when the level of compensation awarded to a Claimant can be reduced by the Employment Tribunal where the Claimant has contributed to their own dismissal in some way.  Section 123(6) of the Employment Rights Act 1996 states “Where the tribunal finds that the dismissal was to any extent caused or contributed to by … Read more