LRD Booklets November 2007

Unfair dismissal - a legal guide

Introduction (571 words)

There are no published figures for the number of employees who are dismissed by their employers every year. However, it is known that on ...

1. The basic law on dismissal (1347 words)

The rules on unfair dismissal set out in this booklet will only apply if there was a dismissal in the first place. In most ...

2. Qualifying for unfair dismissal rights (2395 words)

In most cases, an employee has to meet certain qualifying conditions to be able to claim unfair dismissal. Firstly, they must have been dismissed ...

3. What makes a dismissal unfair? (5545 words)

Within the first year of employment an employee has no right to challenge a dismissal unless it is for one of the automatically unfair ...

4. Automatically unfair dismissals (2218 words)

This law says that dismissals for certain reasons are “automatically” unfair because they aim to take away individuals’ statutory rights. With dismissals that are ...

5. Constructive dismissal (1458 words)

A constructive dismissal, on the face of it, does not seem to be a dismissal at all. It happens where the employee leaves “voluntarily”, ...

6. Wrongful dismissal (763 words)

A wrongful dismissal is one where the employer has not followed its contractual obligations when dismissing the employee. It generally means dismissal without the ...

7. Bringing a claim (3012 words)

To bring a claim for unfair dismissal the employee must meet the qualifying conditions explained In Chapter 2. ...

Further help and information (345 words)

The Labour Research Department (LRD) produces a number of booklets on employment law topics. The annual employment law guide Law at work (last published ...