Unfair dismissal

Ashok Kanani

Editor's message: An employee has the right not to be unfairly dismissed by his or her employer under s.94 of the Employment Rights Act 1996 (provided that the qualifying conditions are met).

If a claim for unfair dismissal is brought, the employer has to establish that the reason for the dismissal is one of the reasons set out in the statute. If this test is met, the employment tribunal will consider whether or not the dismissal was fair in all the circumstances. If the dismissal is found to be unfair, the tribunal will order the employer to re-engage or reinstate the employee, or to pay compensation.

A tribunal that upholds a complaint by an employee in a situation where the Acas code of practice on disciplinary and grievance procedures is relevant and finds that either side unreasonably failed to comply with one or more of its requirements, can adjust compensation by up to 25%.

Ashok Kanani, Employment law editor

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