We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

How do I File a Claim for Unfair Dismissal?

By M. Lupica
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Unfair dismissal occurs when an employer ends an employee’s employment for an unfair reason. Since most employment is considered “at will,” which means that either party has the right to terminate employment at any point for virtually any reason, unfair dismissal is often a difficult charge to prove. However, there are usually laws in place protecting employees from being fired for unfair reasons. The key to filing a successful claim for unfair dismissal is documenting evidence that indicates that you have been let go for one of these reasons.

Most dismissals from a job will not amount to an unfair dismissal claim because most circumstances for dismissal are considered fair. Employment is generally not a right, and companies cannot be forced to employ persons whose employment adversely affects the operation of their business. Usually, when employees are fired, it is due to poor conduct on the job or a poor job performance, which are perfectly legitimate reasons. Companies may also legally fire their employees if there is not enough work for them to justify the amount he or she is being paid or if his or her personality clashes with the desired work environment. The employee does not have to be “at fault” in order for the company to legally fire him or her.

For circumstances to dictate a claim for unfair dismissal, the employer typically will have had to violated laws specifically enacted to protect employees from such a dismissal. For instance, most jurisdictions have laws in place granting women the right to an unpaid maternity leave if she gets pregnant as well as a period of time off after the birth to take care of the child. Jurisdictions that have compulsory jury duty for their citizens will also protect them from being fired in the event that a person gets called to serve on a jury. Generally, governments will protect employees from being fired for fulfilling roles that are considered a societal necessity, as in the previous two examples of motherhood and jury duty.

If you think you have a claim for unfair dismissal, the key is building a body of evidence through documentation that identifies an unfair reason that you were dismissed. If you were fired soon after becoming pregnant, documenting the time you were fired and the point at which your employer realized you were pregnant is an example of evidence that tends to show you were fired due to your pregnancy. Taking the other example from above, showing that you were called to jury duty soon before you were fired would also help your case. Keeping a record of any conversation with any superior regarding the alleged unfair reason — especially tending to show he or she was unhappy with the circumstances — will help you in filing a successful claim for unfair dismissal.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.