Unfair Dismissal

Unfair Dismissal

Employers can only dismiss employees fairly for a fair reason and following a fair process. The Employment Rights Act 1996 sets out the 5 potentially fair reasons which are: capability; conduct; redundancy; contravention of a statutory duty or some other substantial reason. Employers must also follow a fair dismissal process which complies with the ACAS Code on Disciplinary and Grievance Procedures or an uplift of up to 25% may be awarded to an employee who successfully claims unfair dismissal. An employee must normally have more than two years continuous service in order to be eligible to bring a claim of unfair dismissal.

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