Our most frequently asked unfair dismissal questions:
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- Incapability – for instance, competence, qualifications or illness (provided the illness is not classified as a disability.);
- Redundancy – if the employee is made redundant for legitimate reasons and a fair redundancy process is followed and selection is fair;
- Gross misconduct or repeated misconduct – for instance, theft, drugs or alcohol abuse, leaking confidential information, repeated absence.
To see a full list of reasons, please click here.
- They have worked for the employer for a minimum qualifying period of two years. If they have less than two years service, unfortunately it is unlikely they will succeed with a claim for unfair dismissal unless they qualify for automatic unfair dismissal;
- They have a proper employment contract. Employees on a temporary contract or casual workers are unlikely to be able to claim for unfair dismissal;
- They work in the UK;
- They are below 65 years old.
The basic award for unfair dismissal is calculated based on several factors, these are age, length of service and the employee’s normal weekly pay as calculated in redundancy payments.
However the weekly pay is capped at £489/week (as of 6th April 2017) and the number of years worked is capped at 20.
A minimum basic award of £5,970 is given when as dismissal is made on the following grounds:
- For being a trade union member or carrying out trade union activities.
- For raising health and safety concerns as health and safety representative;
- For carrying out jobs related to being an employee representative;
- For carrying out jobs related to being a occupational pension scheme trustee.
The compensatory award is capped at £80,541 (if the termination date was after 6th April 2017) and there is an additional cap of 52 weeks pay where the award falls below the overall cap.
This however does not apply in cases where health and safety concerns are raised or if an employee has made a protected disclosure and been sacked for it where there is no limit.