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Can I Claims For Unfair Dismissal?

If your employer has terminated your Contract of Employment, you may have a claim. You have a right not to be unfairly dismissed. But you need to qualify first. If your employment started after 6th April 2012, then you must have worked for your employer for at least 2 years. If before that date, then just one year. There are however some exceptions in which event there is no length of service requirement. This includes situations where the reason relates to your pregnancy, parental leave, trade union membership grounds, part time and fixed term employees, discrimination and pay and working hours. In other words, these are exceptions to the general rule.

A dismissal is fair if the employer can show that the reason for dismissal was relating to conduct, capability, qualification for the job, redundancy or some other substantial reason AND that they acted reasonably in treating that reason as sufficient to justify dismissal.

Following dismissal, you are entitled upon request to receive within 14 days reasons for the dismissal.

The onus is on the employer to establish that the dismissal was fair. If you believe your dismissal was unfair, you have a right to make a claim to an Employment Tribunal on the ground of its unfairness.

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