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Are my employees protected against unfair dismissal?

Employees have the right not to be unfairly dismissed. In most circumstances they must have at least one year's continuous service before they can make a complaint to an employment tribunal. However, there is no length of service requirement in relation to 'automatically unfair grounds'. Also, the requirement is reduced to one month for employees claiming to have been dismissed on medical grounds as a consequence of certain health and safety requirements that should have led to suspension with pay rather than to dismissal.

A complaint of unfair dismissal must be received by an employment tribunal within three months of the effective date of termination of the employment (usually the date of leaving the job) unless the tribunal considers this was not reasonably practicable.

In some cases if both you and your employee agree your case may be heard by an arbitrator under the Acas Arbitration Scheme. If a tribunal establishes that a dismissal has taken place it is normally for you to show that it was for a fair reason and that you have, as a minimum, followed the statutory disciplinary procedures. In such cases the tribunal must then decide whether, in the circumstances, you acted reasonably in treating that reason as sufficient for dismissal.

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