Wrongful dismissal and unfair dismissal are often confused, but they refer to different legal concepts. Wrongful dismissal is a contractual breach where the employer terminates the employee's contract without following the terms laid out in the contract, such as not providing the correct notice period or not following contractual disciplinary procedures. It is essentially a breach of contract claim.

On the other hand, unfair dismissal is a statutory right and relates to the reasonableness of the employer's decision to dismiss the employee and the fairness of the process followed. It covers situations where an employee is dismissed without a fair reason (such as capability, conduct, redundancy) or without a fair procedure.

In wrongful dismissal claims, employees seek compensation for breach of contract, usually limited to the notice period. In contrast, unfair dismissal claims can lead to reinstatement, re-engagement, or compensation, including a basic award and a compensatory award, which considers the actual loss suffered by the employee due to the unfair dismissal.

An employee can claim for unfair dismissal in situations where they believe their termination was unjustified or the process was improperly conducted. This includes dismissals without a valid reason, without following the proper procedure, or in breach of employment contract terms. Potential reasons for such claims include discrimination, retaliation, refusal to accommodate disability or pregnancy, or dismissal without proper notice or consultation. If an unfair dismissal claim is successful, the outcomes can vary. The employee may be reinstated to their former position or a similar role. Alternatively, they might receive compensation, which can include lost wages and additional amounts for breach of contract or emotional distress. The exact outcome depends on the case's specifics, the employment tribunal's decision, and any settlement reached between the employer and employee.

An employment tribunal is a legal body that adjudicates disputes between employers and employees over employment rights, including cases of disputed redundancies or dismissals. When an employee feels they have been unfairly dismissed or made redundant without proper procedure or justification, they can bring their case to an employment tribunal.

The tribunal assesses the evidence presented by both parties, including documentation, witness testimonies, and any relevant policies or procedures. It then determines whether the employer acted lawfully and fairly in the redundancy or dismissal process. If the tribunal finds in favor of the employee, it can order remedies such as reinstatement to the job, re-engagement in a different role, or financial compensation.

Employment tribunals play a crucial role in ensuring that employment laws are upheld and that employees are treated fairly. They provide a forum for resolving workplace disputes and serve as a deterrent against unlawful employment practices. For employers, the potential of a tribunal case emphasizes the importance of adhering to legal and ethical standards in handling redundancies and dismissals.

Handling a dismissal due to employee misconduct requires a careful, structured approach to ensure fairness and legal compliance. First, the employer must conduct a thorough investigation into the alleged misconduct. This involves collecting evidence, interviewing relevant parties, and giving the accused employee a chance to respond. It's crucial to document this process meticulously. After the investigation, if the misconduct is substantiated, the employer should follow the company's disciplinary procedure, which typically includes a formal meeting with the employee. During this meeting, the employer should clearly state the misconduct, present the evidence, and allow the employee to explain or defend their actions. If the decision to dismiss is made, it should be communicated formally, including the reasons for dismissal, the effective date, and information about any appeal process. Throughout the process, it's important to treat the employee fairly and respectfully, adhering to both legal requirements and internal policies to prevent claims of unfair or wrongful dismissal.

When determining criteria for selecting employees for redundancy, a business must consider several key factors to ensure fairness and legal compliance. Firstly, the criteria should be objective and measurable, such as length of service, performance records, and skills or qualifications relevant to the business's future needs. Avoid subjective measures like attitude, as these can be discriminatory. Secondly, the criteria should align with the business's strategic goals. For instance, if a company is downsizing a particular department due to technological advancements, it might prioritise retaining employees with relevant tech skills. Importantly, all criteria must comply with employment law to avoid discrimination. This includes ensuring that selections do not disproportionately affect a particular gender, race, age group, or those with disabilities. Finally, transparency is key; employees should understand how and why they were selected, which helps maintain morale and trust among the remaining staff.