All employees have the right to claim Unfair Dismissal after they have been employed for a year. There are some types of Unfair Dismissal which can be claimed after day one however, so Employers should beware.
The current maximum award for ordinary* Unfair Dismissal claims is £80,400, but the average award is £9,120.
Unfair Dismissal comprises two elements, namely substantive and procedural unfairness. Many Employers do not follow the correct procedure and can then be caught by an unfair dismissal claim even though the substance behind the dismissal was essentially fair. Accordingly, Employers should seek legal advice at an early stage rather than after they have dismissed an Employee.
Please contact Rollingsons for further advice and assistance.
* This cap does not apply where the unfair dismissal is for whisteblowing or for raising certain health and safety reasons.
