You have the right under UK law: *

 

• To be treated fairly in any disciplinary process

• To be accompanied by a trade union representative at a disciplinary hearing

• To be able to present your case and evidence at a disciplinary hearing

• To not have any sanctions taken against you without a disciplinary hearing

• To have a right of appeal against any sanctions

 

Unfair dismissal is when an employer fails to follow their disciplinary process or does not have a fair reason for dismissing you. 

 

Fair reasons for dismissal can include misconduct, your personal capability, redundancy, etc, but the employer must act reasonably during the disciplinary process and dismissal, and they must follow employment law.

 

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If you are facing dismissal we can help and support you, and it is really important that you contact your union representative without delay.

 

If you are dismissed for exercising your statutory employment rights, then you will automatically be considered as having been unfairly dismissed. If you were dismissed for an unfair reason, then you can make a claim to an industrial tribunal regardless of how long you have worked in your job, and we can help you with this process.

 

Under the Employment Rights Act, employees can usually only bring a claim of unfair dismissal if they have been continuously employed for at least two years. However, there is no minimum period if you have been dismissed for any of the following:

 

• Being pregnant

• Taking part in trade union activities

• Whistleblowing (Making a disclosure in the public interest)

• Being discriminated related to a protected characteristic under the Equality Act (e.g. age, sex, race, sexuality, etc)

 

It is important that claims of unfair dismissal must be presented to an Employment Tribunal within three months of the date of termination, and so it is important that you contact your union representative as soon as possible.

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Your union representative is your starting point for getting help from us with any problem at work.

 

Sometimes members feel that they can sort things out on their own, but it is important to talk to your union representative as soon as possible. Sometimes trying to sort out an issue without proper advice can make the problem much worse. We are here to help you and you can contact your union representative by calling 0333 2423 526.

 

Your union representative will discuss the situation with you, agree a way forward with you and together they will help you achieve the best possible outcome for you.

 

You have a legal right to belong to a trade union and your employer is forbidden from treating you unfavourably because you join a trade union, take part in trade union activities or use the services trade unions provide for their members.  You also have a right to be accompanied by a trade union representative at any grievance meetings, disciplinary hearings and disciplinary appeals.

 

* From Employment Rights Act (1996)