What is an unfair dismissal employment tribunal?

An unfair dismissal tribunal is the formalised legal process of dealing with an unfair dismissal claim.


In the UK, we are usually governed by a combination of civil and criminal law. If you commit a crime, such as theft or assault, you are dealt with in the criminal courts. For civil law (trespass, negligence, property, breach of contract, landlord and tenant issues), you are normally dealt with in the civil courts, i.e. at your county court, or in the High Court.


Dealing with employment law issues

When it comes to employment law, matters tend to be handled a bit differently. Employment law governs the relationship between an employer and employee. It covers a wide range of issues including:


  • protection of employee rights
  • protection from discrimination
  • redundancy
  • dismissal


Most employment issues and disputes are dealt with by an employment tribunal: a system of courts separate from the typical civil court system.


There is some overlap at the top level, e.g. when an appeal escalates from the Employment Appeal Tribunal to the Court of Appeal.


What is the difference between a county court and an employment tribunal?

Employment tribunals only deal with employment law cases. Tribunals are usually less formal than court proceedings because they are accessible to ordinary people who have a dispute with their employer.


An employee or ex-employee doesn’t have to pay a fee to bring a claim in an employment tribunal. However, in some specific cases, they may have to pay the employer’s costs if they lose their case.


An employment tribunal will usually have a panel of three adjudicators: two ‘lay’ members (i.e. they are not legally qualified judges) and a legally qualified chairperson.


The lay members are normally members of a trade or profession – one representing an employer’s perspective and one representing an employee’s perspective.


What is unfair dismissal?

An employee has certain rights. These include how and when their employment may be ended. An employer cannot arbitrarily fire an employee without good cause. ‘Good practice’ must also be followed by the employer prior to a dismissal.


If an employee is dismissed without a fair reason to do so, or if an employee is dismissed with a fair reason but the employer did not follow the correct procedure, it is likely to give rise to a claim for unfair dismissal.


Some reasons for dismissal will automatically be categorised as ‘unfair’:


  • being pregnant or on maternity leave
  • wanting to take family leave, for example parental, paternity or adoption leave
  • being a trade union member or representative
  • asking for a legal right, for example to be paid the National Minimum Wage
  • participating in jury service
  • being involved in whistleblowing
  • taking action, or proposing to take action, over a health and safety issue.


Unfair dismissal also includes constructive dismissal. This occurs when an employee feels they have no choice but to resign because of something their employer has done.


What does or does not amount to unfair dismissal can be complex and far reaching. We recommend seeking legal advice if you think you have been unfairly dismissed.


An unfair dismissal employment tribunal

If an employee has been unfairly dismissed, they can bring a claim in the employment tribunal. They must have worked for their employer for two years (unless they have been dismissed for an automatically unfair reason) before they can bring a claim.

The employee must make the claim within three months (minus one day) of the dismissal. They will be given the option of mediation via the Advisory, Conciliation and Arbitration Service (ACAS).


If the unfair dismissal claim proceeds to an employment tribunal and succeeds, the tribunal can make an order for:


  • Reinstatement: the employer must give the employee their old job back, and make up for any loss of earnings.
  • Re-engagement: the employer must offer the employee a new, but broadly similar, job and cover any loss of earnings.
  • Compensation: the employer must pay a sum, which could include lost salary.


Reinstatement and re-engagement are quite rare. Compensation payments (which are more common) will vary in amount form case to case.


Seeking help with the unfair dismissal tribunal process

If you think you may have been unfairly dismissed, it’s important to find accurate legal advice. At Springhouse Solicitors, our experienced team of solicitors are employment law experts. Get in touch with us today for a commitment-free discussion. You will gain an honest and accountable perspective of the options available to you, providing the reassurance you need under difficult circumstances.


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