Unfair Dismissal

A dismissal of an employee in the absence of a substantial reason.

A term preferred in England to refer to what other common law jurisdictions might refer to as unjust dismissal or wrongful dismissal.

A finding as to unfair dismissal is essentially an assessment of facts in each case, as the Courts defer to equity or, as stated in Halsbury's Laws of England, 4th Edition (2005), Volume 16(1B) at page 97:

"... the determination as to whether the dismissal is fair or unfair, having regard to the reason shown by the employer ... must be determined in acordance with equity and the substantial merits of the case.

"An employment tribunal must test both procedural and substantive elements to decide on the merits of the case."