Unfair Dismissal

In general, a case can only be brought against a business by an employee for unfair dismissal if your employee has been working for you for at least 2 years, unless they are dismissed for reasons such as:

Exercising (or attempting to exercise) a statutory employment right (such as maternity leave).
Becoming pregnant.
Joining (or refusing to join) a trade union.
Whistle-blowing.
Any form of discrimination.
Health and Safety issues.


Another form of unfair dismissal is if you have committed what is regarded by the employment tribunal as a fundamental breach of contract, thereby making your employee's position untenable and effectively forcing them to resign. This is known as constructive dismissal.

As with all cases dealing with unfair dismissal law, each case must be considered according to its individual circumstances. You may wish to negotiate a settlement with your employee if you feel they have a possible claim against you, and this can be done by way of a settlement agreement in order to preclude them from making any claims against you.

If you would like more detailed information about unfair dismissal or assistance with a particular issue Employment Law Support can help you.