So unfair dismissal is where your employer decides to dismiss you.

So it's them that takes the action, not you resigning.

That's the contrast with constructive unfair dismissal.

An unfair dismissal,

your employer can dismiss you for, broadly

speaking, three potentially fair reasons.

So they can dismiss you for redundancy, if there's been a reduction in the number

of employees that they require to carry out your job.

They can dismiss you for capability, if they can show that

you're not good enough at your job, or that you're sick and you can't

carry out your job to the full range of your duties, or that you've

committed some act of misconduct.

But outside of that, where it's not redundancy, where it's

not misconduct, or where there's not capability

issues, then it's very difficult for your employer to dismiss you fairly.

What they have to do is go through a fair process.

They have to put any allegations or problems to you.

They have to allow you time to respond.

They have to properly investigate.

And then when they are reaching a conclusion about whether or not to dismiss you,

they need to consider alternatives.

So for example, would a final written warning be an appropriate alternative to the

dismissal,

or do they actually have to dismiss you?

So