Unfair dismissal is the concept that was introduced by the Industrial Relations Act 1971. Before then, an employee’s rights were simply those of contract. Even the legal text books of those days referred to employment law as the Laws of Master and Servant.
A right to claim unfair dismissal will generally not arise until an employee has been in continuous employment for 2 years.
Claims are brought in the Employment Tribunal.
Most claims succeed where the employer has failed to follow the basic rules of fairness. These can be summarised as compliance with paper work, consistency in dealing with complaints, and fair procedures.
We advise employers on how to avoid claims arising from disciplinary processes.
We also advise employees on making claims.
In both cases we are happy to provide representation in the Tribunal.