Dismissing staff
Unfair dismissals
Even if you think you’ve dismissed someone fairly, they could still claim unfair dismissal against you if they think that:
- the reason you gave for the dismissal was not the real one
- the reason was unfair
- you acted unreasonably, for example by failing to give them plenty of warning about their dismissal
Automatically unfair reasons for dismissal
Even if you’ve acted reasonably, some reasons for dismissal are classed automatically unfair. These are to do with the following areas:
- pregnancy, including all reasons relating to maternity
- family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
- acting as an employee representative
- acting as a trade union representative
- taking part in official (‘lawful’) industrial action
- acting as an occupational pension scheme trustee
- joining or not joining a trade union
- being a part-time or fixed-term employee
- pay and working hours, including the Working Time Regulations, annual leave and the National Minimum Wage
- reporting certain types of wrongdoing - this is known as whistleblowing
Compulsory retirement on the grounds of age is unlawful unfair dismissal unless you can objectively justify it - but you could be challenged at a tribunal.
Disability
If a disabled employee cannot do their job because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them.
Political beliefs and groups
It is not automatically unfair to dismiss someone because of their political beliefs or political groups they belong to, but a tribunal might find this unfair.
Penalties for unfair dismissals
If a tribunal finds that an employee has been unfairly dismissed, you might be ordered to:
- reinstate them (give them their job back)
- re-engage them (re-employ them in a different job)
You might also have to pay compensation, which depends on the employee’s:
- age
- gross weekly pay
- length of service
You might have to pay extra compensation if you do not follow a tribunal’s order to reinstate someone.
There’s a limit on the amount a tribunal can award for unfair dismissal, apart from in cases relating to:
- health and safety (for example where you unfairly dismiss someone for taking action on health and safety grounds)
- whistleblowing