Employment termination, without a statutory reason is called Unfair Dismissal. A worker who had been employed for a year or more is entitled to complain about unfair dismissal. However, employees may file an Unfair Dismissal claim even though they have been employed for less than a year if the Unfair Dismissal is for a reason that can be shown at a preliminary hearing to fall within the following categories: e.g., trade union activity, pregnancy, whistle-blowing, seeking to assert a statutory right – e.g., seeking written pay statement (pay slip), or seeking written terms and conditions of employment (work contract); or sex or racial or disability discrimination or harassment.
Complaints on Unfair Dismissal may only be filed at the Employment Tribunals where it is free, but will cost when the unfair dismissal is appealed to the Employment Appeal Tribunal (EAT) and then to superior national or High Courts.
Although the employee doesn’t have to pay for filing a complaint against unfair dismissal with the Employment Tribunal, the employee may be asked to deposit monies which are forfeited if the employee is advised in advance that his claim for Unfair Dismissal does not have a reasonable prospect of success or insists on a hearing with disregard to a settlement.
Treating the employee in a way that results in the employee’s leaving in circumstances that in law to sack is also considered an Unfair Dismissal.