This unfair dismissal claim template and guidance for a misconduct dismissal provides you with a template, tools and strategies to face your employer and the Employment Tribunal judge with knowledge and confidence. The right not to be unfairly dismissed is a statutory right provided by section 94 ERA 1996. This right is qualified by the requirement of two years continuous service, and proof of dismissal.
Under s98(2)(b) ERA 1996, it is potentially fair to dismiss for a reason that ‘relates to the conduct of the employee’. ERA 1996 does not describe the kind of conduct that would justify dismissal, but conduct refers to doing something wrong such as dishonesty, fighting, harassment, lateness or absences without permission. It is the only ground in which summary dismissal is permitted. You can be summarily dismissed(instant dismissal with no notice pay) for gross misconduct, which includes the most serious types of misconduct such as ‘theft or fraud, physical violence, gross negligence or serious insubordination’.
In an unfair dismissal misconduct claim, once you have cleared these hurdles, the responsibility shifts to your employer to show that you were dismissed for misconduct and that they acted fairly in dismissing for that reason. That is where your fight starts. Use the Unfair Dismissal Claim [Misconduct] Template with Guidance for;
- The law on Unfair Dismissal
- The law on Conduct/ Gross Misconduct
- What to write in your list of issues
- Your Role
- Your Employer’s Role
- The Employment Tribunal’s Role
- Fighting your employer’s reason for your dismissal
- Applying the Fairness Test to the facts of your case
- How to prove that your employer was Substantively Unfair
- How to prove that your employer was Procedurally Unfair
- Proving that your employer breached the ACAS Code
- Understand and apply the Range of Reasonable Responses Test to your case
- Your Grounds of Complaint – template and guidance
- Unfair Dismissal Claim Checklist – make sure you have everything correctly pleaded before you file your claim
