Unfair dismissal is the act of terminating an employee without good reason or in an unlawful way. In some situations, you may be able to take legal action if you believe your dismissal was unfair.
A dismissal can be classed as unfair if there was no good reason given for the dismissal and/or if your employer did not follow the formal disciplinary/dismissal process.
During COVID-19 employees have the same rights as usual to not be unfairly dismissed.
What situations constitute to unfair dismissal?
Pregnancy or being on maternity, paternity, or adoption leave
Wanting to take family leave, such as the above
Time off for jury service
Asked for flexible working
Joined a trade union
Forced to retire
Asked for a legal right such as being paid National Minimum Wag
‘Whistleblowing’ in the workplace
Employees also have the right not to be dismissed because they have acted over a health and safety issue. Examples of unfair dismissal because of a health and safety issue include:
Refusing to work in a workplace or situation where the employee believes they or other people are in danger
Raising a health and safety issue with the employer
For carrying out appropriate tasks as a workplace health and safety representative
Another type of dismissal is constructive, which refers to the employee being forced to leave against their will as a result of the employer’s conduct, for example:
Failed payment or demotion
Unreasonable changes to work e.g. being contracted for day shifts but being asked to work nights
Letting other employees harass or bully you
These are all serious issues that should try to be resolved through communication. See the Government website or contact our HR department for further advice on what you can do if you are in this position.
