What is meant by unfair dismissal?

If an employee is dismissed from their employment, it might be unfair which would entitle them to bring a claim to an employment tribunal if they have the necessary two years’ service.

A dismissal which is unfair can relate to either the decision itself, i.e. if dismissal was too harsh or not a reasonable response to the situation, or it can relate to the procedure followed if the employer did not reasonably investigate, consult and/or follow a fair process, or it might be both.

To decide if an employee was unfairly dismissed, this involves considering all of the circumstances and evidence to evaluate how and why the decision to dismiss was reached. If an employment tribunal finds that a dismissal was unfair the employee can be awarded financial compensation or their job back.