
Being let go from a job can not only feel unfair but can also cause a lot of stress if you weren’t anticipating it.
The proper term for being sacked is dismissal. In short, an unfair dismissal is where you have been sacked in a way that is unlawful.
It might be unfair dismissal if you have worked for your employer for at least two years and; there was no fair reason for the dismissal, there has been a failure of process, or there has not been reasonable justification for you to have been dismissed.
If you suspect you’ve experienced unfair dismissal, it’s essential you seek professional help through a solicitor to find out whether you can take legal action.
There are a variety of circumstances where a dismissal is automatically unfair if they are the main reasons for an employee being dismissed.
Unfair reasons for dismissal may include:
- Taking part in legal industrial action for 12 weeks or less Â
- Applying for maternity, paternity, or adoption leave
- Requesting flexible working
- Compulsory retirementÂ
- Needing time off work for jury dutyÂ
1. Taking Part In Legal Industrial Action For 12 Weeks Or Less Â
Taking part in legal industrial action, such as a strike, for 12 weeks or less is a legal right, regardless of whether you’re a union or non-union member.
That said, there are specific rules to follow, including providing your employer with a detailed notice about the industrial action a minimum of 7 days before it starts amongst others.
If you’ve been let go for taking part in legal industrial action but you’ve followed these specific rules, then, you might be able to make a claim to an employment tribunal.
2. Applying For Maternity, Paternity, Or Adoption Leave
You cannot be dismissed from a job for applying for maternity, paternity or adoption leave.
While it’s possible to be dismissed during pregnancy or on these types of leave under employment law, the reason for dismissal must be entirely unconnected to this.
Any employee ‘is entitled to maternity leave’, and you can even take holiday before or after your maternity leave provided that you’ve given your employer notice.
Failure to abide by this is unlawful. As such, if you’ve been unfairly dismissed due to reasons relating to pregnancy or maternity, paternity, or adoption leave, then this is discrimination.Â
3. Requesting Flexible Working
You also can’t be dismissed for putting in a flexible working request.
Employees have the right to make a flexible working request if they’ve ‘worked for an employer for 26 weeks‘ they’re legally classed as an employee, and not made other flexible working requests in the last year.
Additionally, it’s worth knowing that some employers will allow you to make a request even if you don’t have the legal right to do so.
As such, being fired for making a flexible working request could make you eligible to make an unfair dismissal claim.Â
4. Compulsory RetirementÂ
Compulsory retirement is when you are forced to retire, and this is another situation that can be classed as unfair dismissal.
Generally speaking, people can go on working as long as they wish to, as there is no longer a ‘Default Retirement Age’.
While there are some circumstances when an employer can force you to retire by law, they must provide a legitimate reason why.
For instance, someone might be asked to retire if a job requires a particular level of mental or physical abilities.
As each situation is unique, it’s important to seek professional legal advice if you suspect you’ve been let go because of your age.
5. Needing Time Off Work For Jury DutyÂ
Lastly, being dismissed for needing time off work for jury duty can be classed as unfair dismissal.
If you are an employee and you are selected to complete jury service, your employer must allow you to take the time off to complete it.
That said, it’s worth noting that you can request for your jury service to be deferred, but this can only be done once and for no longer than 12 months following the original date.
As such, there are grounds for fair dismissal if your employer has informed you that your absence would result in a serious impact on the business and you didn’t request to defer.
How We Can HelpÂ
At Harding Evans, our lawyers are trained in all areas of employment law, including unfair dismissal.
If you suspect that you’ve been unfairly dismissed, our expert team of solicitors are on hand to walk you through the next steps.
Get in touch with a member of the team today to discuss your situation and to find out whether a claim can be made.