Unfair Dismissal

Unfair dismissal occurs when your employer terminates your employment unfairly. Employment law protects workers that are unfairly dismissed in the workplace.

Your employer can not dismiss you for exercising your statutory employment rights. For example, if you are entitled to receive the minimum wage and your employer pays a lower amount, it would be unfair to dismiss you for requesting a pay rise to meet the 'minimum wage' requirement.

Employment Dismissal

An employment dismissal is unfair when an employer does not follow the company dismissal procedure. Also an employment dismissal is automatically unfair if you are dismissed for exercising your statutory employment rights. The rights are listed below:

+ parental leave
+ an itemised pay statement
+ a minimum notice period
+ maternity, paternity or adoption leave
+ a written statement of employment particulars
+ time off for antenatal care
+ time off for dependants
+ the right to request flexible working arrangements
+ not to be discriminated against because of your gender, race, disability, religion or - ----
belief, sexual orientation or age
+ guaranteed pay when work is not available for you
+ time off for public duties
+ making a public interest disclosure or ‘blowing the whistle’
+ protection against unlawful deductions from wages
+ remuneration during suspension on medical grounds
+ refusing to do shop or betting work on a Sunday - Sunday working hours

An employment dismissal is automatically unfair if you are dismissed for items listed above.

Unfair Dismissal Compensation

You can be awarded unfair dismissal compensation when an employment tribunal says you have been unfairly dismissed. There are two unfair dismissal compensation awards. The basic and compensatory award. The basic award limit is £11,400 and the compensatory award maximum is £65,300. You can receive unfair dismissal compensation from one or both awards. The maximum amount you can receive from both awards is limited to £76,700