Refers to a process of dismissal that is deemed unjustified or unfair by either the employee themselves or from a legal perspective. In most cases, unfair dismissal can be challenged by the respective employee. Some reasons for dismissal may be considered automatically unfair. These are generally considered wholly unreasonable and will not be accepted as valid by a court.
Examples include:
Dismissal following a reasonable flexible working request;
Dismissal after announcing pregnancy or requesting maternity leave;
Dismissal after needing to take family leave for emergencies or parental requirements;
Dismissal after demanding a statutory requirement, such as being paid the national minimum wage; and
Dismissal after being forced to retire.
There are numerous other examples that may fall under the category of unfair dismissal. Ultimately, any instance where the employer has not followed full or fair procedure can be found an unfair dismissal. This is true even for instances where the specific reason for dismissal may be considered valid. If the process isn’t valid, neither is the dismissal, regardless of the reason.
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