Unfair dismissal in Northern Ireland

In Northern Ireland you usually need at least a year’s service to make an unfair dismissal claim, and the claim must reach an Industrial Tribunal within three months of being dismissed. The employer has to show a valid reason it can justify and that it acted reasonably. Some dismissals are automatically unfair, and for those there is no service requirement. For how Northern Ireland compares with Great Britain, see how employment law in Northern Ireland differs.

What makes a dismissal fair

nidirect says the employer must have a valid reason and must have acted reasonably. That means investigating fully first and applying its rules consistently. A fair process that reaches the wrong conclusion does not automatically make the dismissal unfair. You may have a claim if nobody told you about a relevant rule or policy.

A dismissal is automatically unfair if it is because you tried to claim a statutory employment right. The disciplinary procedures in Northern Ireland guide covers how a fair process should run for conduct cases, and redundancy consultation and selection covers redundancy.

Constructive dismissal is when an employer breaches your contract so badly that you are forced to leave. Summary dismissal means dismissal without notice, which an employer can use for gross misconduct.

Getting the reasons in writing

If you are an employee with a year’s service, or your fixed-term contract expired and was not renewed, you are entitled to written reasons for the dismissal. You usually have to ask, and your employer should reply within 14 days. If you were dismissed while pregnant or on maternity or adoption leave, you do not need to ask.

Before you go to a tribunal

nidirect advises appealing under your employer’s dismissal or disciplinary procedure first. Other options are conciliation through the Labour Relations Agency (LRA), or individual arbitration, where an independent arbitrator makes a legally binding decision. Keep copies of letters you send and written notes of meetings and phone calls.

The time limits

A tribunal claim has to be made within three months of dismissal. Most tribunal claims must be made within three months of the incident, and tribunals extend the limit only in exceptional circumstances. Before you claim, you generally have to notify the LRA and consider early conciliation, and you need an early conciliation certificate number or confirmation that you are exempt. An application for interim relief has to be made within seven days of dismissal.

Interim relief can be asked for if you believe you were dismissed because of a trade union reason, your duties as a health and safety representative, pension trustee or employee representative, a public interest disclosure, wanting to be accompanied to a grievance or disciplinary meeting, or requesting or discussing a request not to retire. The whistleblowing in the public sector guide covers the public interest disclosure ground.

What a tribunal can award

Awards are usually compensation, meant to put you where you would have been financially if you had not been dismissed. A tribunal may also offer reinstatement or re-engagement. You do not have to accept, but your compensation may be lower if you do not.

An unfair dismissal award has two parts: a basic award based on your age and length of service, and a compensatory award. Both have maximums that are reviewed every year, and nidirect’s pages give no figures, so ask the LRA for the current limits. There is no minimum basic award in an ordinary case, but there is for certain grounds such as trade union, health and safety, pension trustee, employee representative and working time dismissals. There is no cap on the compensatory award for dismissals connected with health and safety or whistleblowing.

You must try to limit your loss by claiming benefits or looking for work. Compensation may be reduced if your own conduct played a part in the dismissal.

Who cannot claim

nidirect says these groups cannot bring an unfair dismissal claim: workers who are not employees, members of the armed forces, self-employed people, agency temps on contracts for services, share fishermen and police officers (unless dismissed for health and safety action or whistleblowing). People exempted by a Department for the Economy order and people who signed a valid compromise agreement are also excluded, and such agreements must involve independent legal advice.

At the tribunal

There is no fee for making a claim. The tribunal does not usually order either side to pay costs unless one acted unreasonably, and a claim judged unlikely to succeed can lead to a deposit of up to £500. Your employer has 28 days to respond. A panel of three usually hears the case, with a legally qualified chairperson and two lay members. Industrial tribunals in Northern Ireland covers the process.

What to check

• The date you were dismissed, and the date three months on.
• Your length of service, and whether the reason could be automatically unfair.
• Your employer’s appeal procedure and its deadline.
• Whether you have asked for written reasons.

Free advice is available from the Labour Relations Agency, Advice NI and your union.