If you believe that your employer has terminated your employment unfairly (because of either the process they used, or because of the reason you were terminated) then you have been unfairly dismissed and you should complain to an Employment Tribunal.
What is an unfair dismissal?
There are 3 reasons that would show your dismissal had been unfair:
- The employer did not have a valid reason for dismissing you – for example there was no issues with how you performed in your job.
- The employer dismissed you for something known as an “automatically unfair reason” – for example pregnancy.
- The employer did not follow the company dismissal process.
Dismissal for exercising your legal employment rights
If an employee is dismissed for exercising (or trying t0) one of their legal employment rights then an Employment Tribunal will find they have been automatically unfairly dismissed.
As an employee, your legal employment rights include:
- An itemised payslip
- A written contract of your employment details
- Maternity/Paternity/Adoption leave
- Unpaid leave for public duties such as jury service
- Guaranteed wages when there is not enough work
- A minimum notice period if made redundant
- Unpaid leave for antenatal care
- Protection for making a public interest disclosure (blowing the whistle)
- Not to suffer discrimination because of gender, disability, religion, race, sexual orientation, age or belief.
- Parental leave
- Time off for dependants if required
- Guaranteed wages during a medical suspension
- The right to request flexible working hours
- Protection from unlawful wage deductions
Dismissal before, during or after business transfers
If the company that employs you is being taken over (or transferred), then it is possible you will be protected by “Transfer of Undertakings” (TUPE).
If you are protected by TUPE and are dismissed because of a reason connected to the transfer (either by your old or new boss), then the dismissal would be classed as automatically unfair. The only exceptions is if the employer can prove that it was for technical, organisational or economic reasons.
