Jurisdiction(s):
United Kingdom

Key definition

Unfair dismissal definition

What does Unfair dismissal mean? In practice, unfair dismissal describes an employee’s statutory claim that their employment was terminated without a fair reason and/or a fair procedure. In England & Wales and Scotland it is governed by the Employment Rights Act 1996; in Northern Ireland by the Employment Rights (Northern Ireland) Order 1996; and in Ireland by the Unfair Dismissals Acts 1977–2015. Employers must show a potentially fair reason (conduct, capability, redundancy, statutory restriction, or some other substantial reason) and that dismissal fell within the range of reasonable responses after a reasonable investigation and a fair process. In Great Britain, compliance with...

ET3 precedent: Respondent’s grounds resisting automatic unfair dismissal (protected disclosure/whistleblowing) claim—capability defence (England, Wales and Scotland)

Published by a LexisNexis Employment expert

Precedents

Grounds of Claim

1 Paragraph 1 of the Grounds of Claim is hereby accepted. 2 Regarding paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were improperly changing test data at all and it is denied that the amended data conveyed a false picture of the testing the compound had received. The Claimant’s colleagues applied routine adjustments to test results in line with industry guidelines. It is not admitted, if alleged, that the Claimant believed those adjustments were improper or misleading and, if the Claimant did hold such a belief, it is denied that it was reasonable. A chemist with the Claimant’s training and experience would have known the industry guidelines well and thus that the adjustments were routine and proper. 3 It is admitted that on [ insert date ], the Claimant reported to [ insert name ] that [ insert names ] had been inappropriately altering test data. It is admitted that [ insert name ] raised concern internally and stated that they would investigate the allegation. 4 [ Insert name ] made enquiries and, in particular, reviewed the test data and the working documents connected to the test data...

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Web page updated on 22/05/2026

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