Where an employee has two years, or more, continuous service, an employer must have (1) a fair reason to dismiss them and (2) follow a fair procedure to dismiss them.
The potentially fair reasons to dismiss are:
- Misconduct at work;
- Lack of capacity (or qualifications) to do the job;
- Redundancy;
- A statutory requirement;
- Some other substantial reason.
A fair procedure should be a procedure that is in accordance with the ACAS Code of Conduct.
In certain circumstances, the employer must also show that the decision to dismiss is within the range of reasonable responses (to a particular situation) available to an employer.
There are certain limited cases where a dismissal will be automatically unfair and in those situations the employee will not need to have been employed for two years. If that is the case, the employee only has to be able to demonstrate to a Tribunal that the dismissal was for one of the automatically unfair reasons to succeed in their claim. These include, for example, being dismissed for:
- Membership (or non-membership) of a Trade Union or for Trade Union activities;
- Pregnancy or any other reason connected with the pregnancy;
- For making a protected disclosure (whistleblowing);
- Discriminatory reasons.
Discrimination claims are complicated and it is recommended that any employee who believes that they are being discriminated against takes legal advice. Our experienced team would be pleased to provide that advice.
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AI – RS4
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AI RS 14
“I would highly recommend Anna because of how she helped me to navigate a long-standing situation. With her help, I was eventually able to come to a conclusion – allowing me to finally start moving on with my life.”
AI RS19
“Anna was recommended to me during a difficult period. From first contact, first dealing with Ruth (Pocock) and then Anna, nothing was too much trouble. The level of detail was delivered not only professionally but friendly and with empathy too. I have no hesitation recommending Rowberry Morris.”
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“I would like to extend a personal thank you to both my solicitor, Anna Illingworth and her personal secretary, Kathy Neville, who together make an awesome team. Highly professional, but yet friendly and approachable, clear, precise and a credit to the legal profession.”
AI – RS8
“I cannot speak too highly of all members of the team at Rowberry Morris who supported me with great sensitivity during a very stressful time. Superb service, again highly commended.”
AI – RS7
“Rowberry Morris and Anna Illingworth were recommended to myself. Although a short employment exit review, everything was explained to me clearly with chance to query or confirm understanding. Great care was taken and required changes were raised and were all accepted by my now ex-employer. I felt that the advice was clear and that I…
AI – RS9
“A tremendous firm – Anna is brilliant – she knows everything about employment law and is calm and supportive – i cannot thank her enough for dealing and being successful with my situation.”
AI – RS3
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AI – RS1
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AI – RS6
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AI RS17
“We were put in touch with Anna at Rowberry Morris by our HR advisors, who recommended engaging with her in relation to an ongoing issue we have with an ex-member of staff. Anna and the team were brilliant from start to finish, providing reassurance, great advice and dealing with a situation professionally and without the…
AI – RS10
“An excellent, friendly service from start to finish. I was kept informed of progress and was told about the costs in the beginning. I have used Rowberry Morris for other matters so it was and will remain a natural first call if ever I need their services.”