Dismissals Archives - Franklins Solicitors https://www.franklins-sols.co.uk/faq_category/dismissals/ Mon, 23 Feb 2026 14:40:40 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9.4 What makes a dismissal fair under UK employment law? https://www.franklins-sols.co.uk/insights/faqs/what-makes-a-dismissal-fair-under-uk-employment-law/ Mon, 23 Feb 2026 13:13:04 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=9983 For a dismissal to be fair, an employer must show both a legally recognised reason and that a fair procedure was followed. There are five potentially fair reasons for dismissal: conduct, capability, redundancy, statutory restriction and some other substantial reason. However, having a valid reason alone is not enough. Employers must also carry out a [...]

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]]> For a dismissal to be fair, an employer must show both a legally recognised reason and that a fair procedure was followed.

There are five potentially fair reasons for dismissal: conduct, capability, redundancy, statutory restriction and some other substantial reason. However, having a valid reason alone is not enough. Employers must also carry out a reasonable investigation, hold a fair disciplinary or consultation meeting and offer the employee a right of appeal.

If a fair process is not followed, a dismissal can still be found unfair even where the underlying reason was justified. Ensuring your procedure is compliant helps protect your business from Employment Tribunal claims.

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]]> What are the common legal risks when dismissing an employee? https://www.franklins-sols.co.uk/insights/faqs/what-are-the-common-legal-risks-when-dismissing-an-employee/ Mon, 23 Feb 2026 13:12:34 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=9981 Dismissing an employee without a fair reason or proper process can lead to costly claims against your business. The most common risks include unfair dismissal, wrongful dismissal for failing to give correct notice and discrimination claims linked to the decision. Even where there is a valid reason for dismissal, failing to follow a fair procedure [...]

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]]> Dismissing an employee without a fair reason or proper process can lead to costly claims against your business. The most common risks include unfair dismissal, wrongful dismissal for failing to give correct notice and discrimination claims linked to the decision.

Even where there is a valid reason for dismissal, failing to follow a fair procedure in line with the Acas Code of Practice can increase compensation by up to 25%. Employment Tribunal claims can result in financial awards, legal costs management disruption and reputational damage.

Taking advice before making a final decision can significantly reduce the risk of a successful claim.

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]]> Can I dismiss an employee on sick leave? https://www.franklins-sols.co.uk/insights/faqs/can-i-dismiss-an-employee-on-sick-leave/ Thu, 04 Sep 2025 10:42:22 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=7062 Dismissing an employee on sick leave can be tricky and may result in claims of discrimination or unfair dismissal. Employers must ensure that the dismissal is for a fair reason, such as long-term absence affecting business operations and must follow a fair process, including consideration of reasonable adjustments or alternative roles.

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]]> Dismissing an employee on sick leave can be tricky and may result in claims of discrimination or unfair dismissal. Employers must ensure that the dismissal is for a fair reason, such as long-term absence affecting business operations and must follow a fair process, including consideration of reasonable adjustments or alternative roles.

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]]> Can I bring a claim if my employer didn’t follow the correct procedure? https://www.franklins-sols.co.uk/insights/faqs/can-i-bring-a-claim-if-my-employer-didnt-follow-the-correct-procedure/ Thu, 04 Sep 2025 08:10:22 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6971 Yes. Even if your employer had a potentially fair reason to dismiss you, failure to follow a proper and fair procedure in line with the Acas Code of Practice may make the dismissal unfair. In these cases, compensation awards can be increased by 10%–25%.

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]]> Yes. Even if your employer had a potentially fair reason to dismiss you, failure to follow a proper and fair procedure in line with the Acas Code of Practice may make the dismissal unfair. In these cases, compensation awards can be increased by 10%–25%.

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]]> What reasons are classed as automatically unfair? https://www.franklins-sols.co.uk/insights/faqs/what-reasons-are-classed-as-automatically-unfair/ Thu, 04 Sep 2025 08:10:05 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6969 Dismissals are automatically unfair if they are linked to protected rights, such as whistleblowing, pregnancy and maternity leave, trade union membership or activities, asserting statutory rights, or refusing to work in unsafe conditions. Employees are protected from day one of employment.

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]]> Dismissals are automatically unfair if they are linked to protected rights, such as whistleblowing, pregnancy and maternity leave, trade union membership or activities, asserting statutory rights, or refusing to work in unsafe conditions. Employees are protected from day one of employment.

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]]> Do I need two years of service to claim unfair dismissal? https://www.franklins-sols.co.uk/insights/faqs/do-i-need-two-years-of-service-to-claim-unfair-dismissal/ Thu, 04 Sep 2025 08:09:42 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6967 In most cases, yes — employees must usually have two years’ continuous service to claim unfair dismissal. However, there are exceptions for automatically unfair dismissal reasons, such as whistleblowing or dismissal linked to maternity leave, where no minimum service requirement applies.

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]]> In most cases, yes — employees must usually have two years’ continuous service to claim unfair dismissal. However, there are exceptions for automatically unfair dismissal reasons, such as whistleblowing or dismissal linked to maternity leave, where no minimum service requirement applies.

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]]> What is constructive dismissal? https://www.franklins-sols.co.uk/insights/faqs/what-is-constructive-dismissal/ Thu, 04 Sep 2025 08:09:23 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6965 Constructive dismissal happens when an employee resigns because their employer has breached their contract or created intolerable working conditions. Although it is technically a resignation, the law may treat it as a dismissal caused by the employer.

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]]> Constructive dismissal happens when an employee resigns because their employer has breached their contract or created intolerable working conditions. Although it is technically a resignation, the law may treat it as a dismissal caused by the employer.

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]]> What are the fair reasons for dismissal? https://www.franklins-sols.co.uk/insights/faqs/what-are-the-fair-reasons-for-dismissal/ Thu, 04 Sep 2025 08:09:04 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6963 Employers must show that a dismissal was for one of five fair reasons: conduct, capability, redundancy, illegality, or some other substantial reason. Even then, they must also follow a fair and reasonable procedure.

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]]> Employers must show that a dismissal was for one of five fair reasons: conduct, capability, redundancy, illegality, or some other substantial reason. Even then, they must also follow a fair and reasonable procedure.

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