Automatically unfair dismissal claims
There are certain types of dismissals that are automatically unfair regardless of whether the employee has two years’ continuous service. For example, if the employee can show in the Tribunal that they have been dismissed for one of the reasons below, they could argue that their dismissal is automatically unfair:
- taking leave for family reasons – i.e. pregnancy, childbirth, statutory maternity, paternity, adoption, parental leave, shared parental leave of time off for dependants;
- raising health and safety concerns for fellow employees or themselves;
- making a protected disclosure (whistleblowing);
- submitting a flexible working application;
- asserting a statutory right; or
- raising breaches of national minimum wage.
The above list does not cover every example however, the full list of automatically unfair dismissals can be found in the Employment Rights Act 1996.
Other exceptions
- Dismissal for a discriminatory reason
Irrespective of their length of service, an employee can also bring a discrimination claim if their dismissal was for a discriminatory reason. Therefore, you should consider carefully whether the reason for dismissal is linked in any way to a protected characteristic (i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation), particularly as there is no cap on the compensation awarded in discrimination claims.
- Rights contained within the contract of employment
All employees have the rights set out in their employment contract, regardless of their length of service. Therefore, if your disciplinary process forms a term of the employee’s contract – and you do not follow that process when dismissing an employee – the employee may have a claim for breach of contract and be in a position to claim damages arising from that breach. Employees can also bring a claim of wrongful dismissal for breach of contract if, for example, you do not provide the relevant notice period or fail to make other payments owed under the contract.
Follow a fair process
Whilst it may be tempting to forego any process whatsoever when dismissing an employee with less than two years’ service, we would advise employers to give serious consideration to following at least some form of fair process – particularly if there are any circumstances that may warrant the employee being able to bring any of the claims listed above.
For further information on dismissing an employee or unfair dismissal claims, please contact Charlie Wood on 0161 475 7673 or email charlie.wood@sasdaniels.co.uk.
Automatically unfair dismissal claims
There are certain types of dismissals that are automatically unfair regardless of whether the employee has two years’ continuous service. For example, if the employee can show in the Tribunal that they have been dismissed for one of the reasons below, they could argue that their dismissal is automatically unfair:
- taking leave for family reasons – i.e. pregnancy, childbirth, statutory maternity, paternity, adoption, parental leave, shared parental leave of time off for dependants;
- raising health and safety concerns for fellow employees or themselves;
- making a protected disclosure (whistleblowing);
- submitting a flexible working application;
- asserting a statutory right; or
- raising breaches of national minimum wage.
The above list does not cover every example however, the full list of automatically unfair dismissals can be found in the Employment Rights Act 1996.
Other exceptions
- Dismissal for a discriminatory reason
Irrespective of their length of service, an employee can also bring a discrimination claim if their dismissal was for a discriminatory reason. Therefore, you should consider carefully whether the reason for dismissal is linked in any way to a protected characteristic (i.e. age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation), particularly as there is no cap on the compensation awarded in discrimination claims.
- Rights contained within the contract of employment
All employees have the rights set out in their employment contract, regardless of their length of service. Therefore, if your disciplinary process forms a term of the employee’s contract – and you do not follow that process when dismissing an employee – the employee may have a claim for breach of contract and be in a position to claim damages arising from that breach. Employees can also bring a claim of wrongful dismissal for breach of contract if, for example, you do not provide the relevant notice period or fail to make other payments owed under the contract.
Follow a fair process
Whilst it may be tempting to forego any process whatsoever when dismissing an employee with less than two years’ service, we would advise employers to give serious consideration to following at least some form of fair process – particularly if there are any circumstances that may warrant the employee being able to bring any of the claims listed above.
For further information on dismissing an employee or unfair dismissal claims, please contact Charlie Wood on 0161 475 7673 or email charlie.wood@sasdaniels.co.uk.