My employer has just dismissed me - how do I decide if it was fair?

when is it unfair
A dismissal may be fair or unfair, depending on the circumstances of your dismissal.

The following tips can help you decide whether it's worth taking your case to the Employment Tribunal.

You'll find a link to the Employment Tribunals website at the right-hand side of this page.

Was the reason for the dismissal:

connected with your pregnancy
connected with your having a baby
that you were suspended on maternity grounds
that you took maternity leave
that you took parental leave
that you took dependant care leave
that you carried out the functions of a health and safety representative
that you reasonably raised a health and safety concern connected with your work
that you took steps to protect yourself or others from immediate danger
that you are a protected shop worker or betting worker and you refused to do such work on a Sunday
that you refused to give up your right to annual leave, or weekly/ daily rest breaks
that you refused to sign an agreement to work more than 48 hours a week
that you have taken part in trade union activities including official industrial action, or because you are a trade union member
that you acted as an employee representative.
that you have 'blown the whistle' in an appropriate way about something of public concern at work
that you asked for a statutory right eg, right to written terms and conditions, itemised pay statement, right not to have your wages deducted without authorisation
that you asked for the minimum wage
that you applied for tax credit
that you made a request for flexible working
that you exercised your right to be accompanied to a disciplinary or grievance hearing
that you accompanied a worker at a disciplinary or grievance hearing
that you asserted a right not to be treated less favourably as a part time worker
that you asserted a right not to be treated less favourably as a fixed term worker

If so, you are likely to have been automatically unfairly dismissed. You are likely to be able to bring a claim against your employer for unfair dismissal even if you have only been employed for a matter of days or even hours!

Three Steps Before a Tribunal
Important: From 1st October 2004, in most cases where your employer is considering dismissing you he/she will have an obligation to follow statutory dismissal procedures.

If the procedure is not completed due to a failure by your employer to follow the procedure properly, then any dismissal will be automatically unfair. You will only be able to make a claim about this if you have been employed for one year or more. The procedure requires that your employer sets out in writing, and sends to you, the alleged circumstances leading to contemplation of dismissal and invites you to a meeting to discuss the matter. Your employer must inform you of the basis of the allegation and you must be given reasonable time to consider your response. You must be given the right to appeal and another meeting about your appeal.

Was the reason for your dismissal:

your misconduct
your incapacity (eg poor performance or sickness)
redundancy
continuing to do your job would involve contravention of a legal duty or restriction. For example, if you are a delivery driver and you have lost your licence
another substantial reason

and have you been employed for more than a year?

If so, your employer may be able to show the dismissal was for a potentially fair reason provided they have followed the statutory dismissal procedures. If not, then your dismissal will have been unfair.

Was your dismissal reasonable?

If your dismissal was for a potentially fair reason, the Tribunal has to decide whether your employer has acted reasonably in using this as the reason to dismiss you. For more information, see our feature 'When might a dismissal be reasonable.'