Employees with two years’ service have the right not to be unfairly dismissed. Where an employee has two years, or more, continuous service, an employer must have a fair reason to dismiss.
The 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;
An employer must also follow a fair procedure in accordance with the ACAS Code of Conduct when dismissing an employee. In certain circumstances, the employer must also show that the decision to dismiss is within the range of reasonable responses available to an employer.
There are certain limited cases where a dismissal will be automatically unfair and the two year qualifying period will not apply. 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.
Our experienced team can advise employers about the risks and ways to limit them in any situation where a dismissal is contemplated. Where a claim for unfair dismissal has been threatened or started we can also advise and help employers respond to those claims in a practical and cost efficient, proportionate way.
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AI – RS1
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AI – RS11
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AI – RS4
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AI RS16
“I’m not normally someone who leaves reviews, however the legal help I received from Rowberry Morris was outstanding. I was suspended from work pending an internal investigation. From the moment I contacted Rowberry Morris I was treated with professionalism and understanding. The processes were explained clearly to me and they kept me updated throughout. Needless…
AI RS19
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KB – Google 1
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AI RS15
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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 – RS5
“I used the services of Rowberry Morris to negotiate a Settlement Agreement with my employer. The work had to be done quickly due to the two-week deadline imposed by my employer. Despite the challenges imposed by the COVID crisis, the Solicitor and their assistant communicated very effectively, clearly explained my options and reached a settlement…
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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.”