If an employee thinks that they have been unfairly dismissed by their employer, they must have had at least one year's employment to be able to make a claim for unfair dismissal. Firstly, the employee must establish that they have been dismissed, then it is up to the employer to show that this dismissal is due to one of the five recognised reasons below:
1. Redundancy
Redundancy can occur when you cease or intend to cease carring on your business or work of a particular kind, at your employees place of work; or if the needs of the business for a certain kind of work have ended or decreased. In order to ensure a redundancy dismissal of an employee is fair, you must adopt a objective selection process. If you don't, the employee might have a case for an unfair dismissal claim, and might also be able to claim an increase on any compensation award.
2. Illegality
It may be the case that an employee has committed or been accused of committing a criminal offence either in or outside of work.