In April 2012 the Government changed the length of time an employee is required to have worked before they can make a claim for unfair dismissal. If an employee began working for an employer before 6 April 2012 then they must have been in employment for at least one year to be able to raise a claim. If employment began after that date then the employee must have been in continuous employment for at least two years. Sometimes there is no qualifying period needed, for example if an employee raises a claim of unfair dismissal on the grounds of discrimination then they will be entitled to do so even if they had only been in employment for two weeks.
A claim for unfair dismissal must be lodged with the Employment Tribunal within three months of the termination of the employment. Once a claim has been lodged the employer firstly needs to establish that they have a potentially fair reason for dismissal. The recognized reasons for a fair dismissal are, capability, conduct, contravention of law, redundancy or some other substantial reason .Once an employer has established that they have a fair reason to dismiss an employee the Employment Tribunal must then consider whether it was reasonable for the employer to actually dismiss the employee for the reason given. In addition to having a valid reason for dismissal an employer must also follow certain basic procedural requirements as laid out in the ACAS Code of Practice on Disciplinary and Grievance Procedures. Facing being unfairly dismissed or having a clam lodged against you can be extremely stressful. If you require detailed advice on any unfair dismissal whether you are an employer or an employee we are here to support you providing expert advice and representation at any Employment Tribunal.
Whether you are an employee and you think you have been unfairly dismissed or you are an employer who has an unfair dismissal claim lodged against you, we at Mitchells Roberton can help.
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