This document discusses unfair dismissal, including: - 4 types of dismissal: fair, unfair, wrongful, constructive - What constitutes unfair dismissal, including dismissal for a potentially fair reason without following fair procedure - 4 automatically unfair reasons for dismissal relating to pregnancy, family reasons, representation, pay and hours - 5 potentially fair reasons for dismissal under UK law: conduct, capability, redundancy, statutory restriction, other substantial reasons - The 5 preliminary requirements for an unfair dismissal claim: 1 year continuous service, employee was dismissed, claim brought on time, not an excluded category, effective date of termination

1. Unfair Dismissal
Tutor: Kirsty Allison

2. Lesson Objectives
 Describe 4 types of dismissal
 Explain what is meant by unfair dismissal
with reference to 2 situations
 Describe the 4 potentially unfair reasons for
dismissal
 Identify and Apply the 5 preliminary
requirements for a claim for unfair dismissal

3. 4 Types of dismissal
Fair = sacked for valid reason
Unfair = sacked for no good
reason
Wrongful = sacked and statutory
notice period ignored
Constructive = employee resigned
because work conditions
intolerable
Employees sacked unlawfully can take
their case to an employment tribunal.

4. What is unfair dismissal?
It isn't one of the five potentially fair reasons for
dismissal.
OR
It is one of the five potentially fair reasons for
dismissal, but the employer didn't follow a fair
procedure.

5. 4 Automatically unfair reasons for
dismissal
Pregnancy: including all reasons relating
to maternity
Family reasons: including parental
leave, paternity leave (birth and
adoption), adoption leave or time off for
dependants
Representation: including acting as an
employee representative trade union
membership grounds and union
recognition part-time and fixed-term
employees
Pay and working hours: including the
Working Time Regulations, annual leave
and the National Minimum Wage.

6. Describe the 5 potentially fair reasons
for dismissal under s98 ERA 1996
Potential Fair Reason
1. Conduct
2. Capability
3. Redundancy
4. Statutory restriction
5. Other substantial reasons
Example of evidence

7. Describe the 5 potentially fair reasons
for dismissal under s98 ERA 1996
Potential Fair Reason
Example of evidence
1. Conduct
theft, violence, abuse
2. Capability
the employer believes the employee
is unable to do their job properly
3. Redundancy
closing of the business, the business
needs less employees to complete
work
4. Statutory restriction
a delivery driver loses their license
5. Other substantial reasons
restructuring, the employee is in
prison, severe relationship
breakdown

8. Identify the 5 preliminary requirements
for a claim of unfair dismissal.
One year’s continuous service
(unless employed after 6 April 2012
when two year requirement applies)
(s108 ERA 1996)
Employee must have
been dismissed
Claim brought in time
Not an excluded category
Effective date of termination

9. Identify the 5 preliminary requirements for a claim for
unfair dismissal.
One year’s continuous service
(unless employed after 6 April 2012
when two year requirement applies)
(s108 ERA 1996)
Employee must have
been dismissed
Claim brought in time
Not an excluded category
Effective date of termination

10. Problem Question: Jeannette’s son was ill in the
night and Jeannette overslept the next morning.
When she arrived late at the video rental
company where she worked, she was sacked.
She explained what had happened, but her boss
took no notice and sacked her immediately.

11. Answer: Jeannette took her case to an
employment tribunal, who decided that she had
been unfairly dismissed, as she had not been
given a warning or a second chance.

12. Apply the 5 preliminary requirements for a claim for
unfair dismissal.