Updating authors: Julian Hoskins and Sarah Lamont

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Statutory dismissal, disciplinary and grievance procedures
Pre-qualifying conditions
Employees excluded from the right
Reasons for dismissal
Fairness in the circumstances
Remedies
Compensation

Summary

9.205

• Under provisions now contained in the Employment Rights Act 1996, Part X an employee has the right not to be unfairly dismissed by his or her employer (Employment Rights Act 1996, section 94). (See 9.208 Pre-qualifying conditions)
• If a claim for unfair dismissal is brought, the employer has to establish that the reason for the dismissal is one of the designated reasons set out in the statute and, if it overcomes that hurdle, the employment tribunal will go on to consider whether the dismissal was fair in all the circumstances.