unfair dismissal

The dismissal of an employee that the employer cannot show to be fair. Under the Employment Protection (Consolidation) Act 1978 employees have the right not to be unfairly dismissed, provided they have served the required period of *continuous employment and are not over 65 or the normal retirement age for an employee in that particular job. However, employees dismissed for an *inadmissible reason have this right whatever their age or length of service. An employee who considers he has been unfairly dismissed can apply within three months after the *effective date of termination of his employment contract to an industrial tribunal for *reinstatement, *re-engagement, or *compensation. The tribunal will make an award unless the employer shows that the principal reason for the dismissal was the employee’s incapability, lack of qualifications, or conduct; redundancy; the fact that it would be illegal to continue employing him; or some other substantial reason. The employer must also show that he acted reasonably in dismissing the employee.

The statutory protection does not apply to the following: (1) employees ordinarily working outside Great Britain; (2) an employee under a fixed term of one year or more dismissed only by the expiry of the contract if he has agreed before the expiry not to claim; (3) a person employed by his spouse; (4) members of the police and armed forces; and (5) the crews of fishing vessels in certain circumstances.