Unfair Dismissals
This website explores some of the main forms of unfair dismissals in employment law and provides you with the option to contact one of our employment solicitors to help you get the right advice and support you need when making a claim against an employer.
Dismissals from work can be stressful and the process carries complex legal implications for the person affected. Dismissals can be especially difficult if you think that you have been unfairly dismissed. If you believe that you were forced to leave your job for any reason or that your dismissal was unfair then you may be entitled to compensation from an Employment tribunal.
Be Aware of Your Employment Rights
The concept of unfair dismissal was created in the Industrial Relations Act 1971. The Act forms the foundation of all UK unfair dismissal laws. It provides employees who have worked at the same company for more than 12 months with the legal protection from an unfair dismissal: The terms of the Industrial Relations Act ensure that an employer does not do the following:
- Use arbitrary or unfair reasons to dismiss an employee.
- Breach the employment contract.
- Dismiss an employer on no grounds at all, which constitutes as automatically unfair.
(Dismissals like this would include an employee being dismissed for requesting paternity leave).
- Make an employee redundant for the wrong reasons.
The only way employers can avoid unfair dismissal cases is if they can prove that the reason for the dismissal was one of the following:
- The employee was not qualified or capable.
- The dismissal was the result of gross misconduct or continued misconduct.
- The employee was subject to genuine redundancy.
Automatic Unfair Dismissal
Automatic unfair dismissal is when a person has been unjustly let go by an employer and this is immediately evident to an employment tribunal. If your employer dismissed you after you reminded them of the above rights you have as an employee, then you will definitely be able to make a claim for compensation for automatic unfair dismissal. It is worth talking to one of our specialist employment solicitors who will be able to advise you on the best way to deal with your unfair dismissal case.
If you suspect that you have been automatically unfairly dismissed you should seek legal advice immediately and if a solicitor decides you have a strong case you should go to an employment tribunal where you can claim compensation.
An example of an automatically unfair dismissal is if a woman was dismissed when she became pregnant, simply because she became pregnant. If your employer dismisses you for this it is within your employment rights to complain and gain compensation.
In addition to the above example, any form of discrimination or victimisation prior to your dismissal, it is likely that you have a strong case for a compensation claim at an employment tribunal. It is important to seek the advice of an employment solicitor who can represent you at an employment tribunal.
Most solicitors offer a no win no fee agreement, which will be beneficial to you if you have a solid case that will enable you to gain compensation. If you win the case, there are no legal fees involved and your employer must pay your solicitor fees in addition to any compensation you are due to receive.
To get the best legal advice and service possible, follow this link and contact one of our specialist solicitors who will inform you whether you have a good case that is likely to win. Our solicitors specialise in employment law and can advise and support you through every step of your unfair dismissal case.
Constructive Dismissal
Constructive dismissal is a form of unfair dismissal that defines a situation where an employee feels like they have had to leave their employment because of their employer’s actions or misconduct. This could be for discriminatory or bullying behaviour, health and safety lapses or a serious breach of contract. In practice, before an Employment Tribunal it is quite difficult to provide evidence that it was the employers action that were the sole reason for the employees departure.
If you are an employee and you feel threatened or intimidated in the work place you must speak out and seek legal advice from a solicitor specialising in employment law. Our solicitors who specialise in employment law are extremely experienced in this area of employment law and will help you gain the confidence you need to speak out against those intimidating you in the workplace.
If you are not able to resolve the issues with other employees or their employer at work, then it is recommendable that you leave the position and make a constructive, unfair dismissal claim at an Employment Tribunal.
Wrongful Dismissal
A wrongful dismissal is when the employer breaks the terms of the employment contract during the dismissal itself without notifying you. It is vital that an employer give you notice of your dismissal or redundancy and if they fail to do this you have the right to take the issue to an employment tribunal and gain compensation.
A wrongful dismissal is an unlawful dismissal and it is essential that you are aware of your employment rights. If you are unsure whether you have a case for an employment tribunal you should seek the legal advice of a solicitor who specialises in employment law.
There are exceptions in the case of wrongful dismissals, for example, if you have been dismissed after committing a criminal offence such as theft or abuse, the employer is allowed to dismiss you without proper notice. If you have committed a criminal offence you have no grounds for a compensation claim against your employer.
Employment Tribunal
Potential unfair dismissal cases as well as cases of possible constructive dismissal or unfair selection for redundancy can be taken before an Employment tribunal to try to get compensation. If an employee thinks they have been subject to unfair dismissal, constructive dismissal or unfair redundancy it is advisable that they seek advice on their employment rights from an employment solicitor.
Unfair Dismissal Cap
In order to maintain consistency, the government annually aligns the amount of compensation an individual who files a claim for unfair dismissal receives with the retail price index (RPI). This is done to ensure that unfair dismissal cases are dealt with in a similar way and people receive compensation that reflects the severity of their case.
Our Service
To contact one of our unfair dismissal solicitors to see if you are entitled to a claim, fill out our quick no fuss forms to enquire about compensation today.