To bring a claim for unfair dismissal it is necessary to show the employer did not have a valid reason for the dismissal.
There are five potential fair reasons for a dismissal and these include:
- Capability or qualification
- Unable to continue in the role without contravention of a duty or restriction imposed by an enactment
- Some other substantial reason
If the employee cannot show the reason for the dismissal, the dismissal will be unfair.
Claiming unfair dismissal can be complicated and so it is advisable to seek independent legal advice as soon as possible to establish if there is a potential case.
It is important to remember the Tribunal have strict time limits for pursuing many claims and if these are not followed they will not allow claims to be pursued.
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