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Employment

Have you been dismissed on unfair reasons or without a fair procedure or notice required by your contract? If yes, then you might bring a claim for unfair dismissal against your employed in an Employment Tribunal.
We are involved in advising numerous employees on employment law in the UK for several years. Taking into consideration a tranche of new legislation coming into the UK, one need to know the legislations that are to be applied in the workplace. We can help you in understanding your rights and advise you on the probability of your success and the compensation that you are likely to receive.

What exactly is dismissal?
Dismissal simply means that your employer terminates your employment and it can be done in different ways, including:

  • You are sacked by your employer, with or without notice
  • Employer breaches your contract in such a way that you have no other option but leave. Simply put, you are forced to leave
  • Your fixed-term contract is not renewed by your employer

What is the eligibility of claiming unfair dismissal?
In order to claim for unfair dismissal, it is required that you are an employee and have worked continuously for 12 months with your employer, before the alleged unfair termination of your employment.  The specified 12 months’ time might count your notice period; if at all, the notice was given by your employer. However, the notice period will not be included if your employer have paid you in lieu of the notice.

By when, should I make a claim?
If you wish to make a claim in a Tribunal for unfair dismissal, you should do so within three months from the date of dismissal or termination of your employment. The effective date of termination is the date on which your notice expires, and in case you have been dismissed without any notice then this date will be your last working day.

What could be termed as unfair dismissal or wrongful dismissal by law?
A dismissal will be considered “unfair” if your employer sacks you or forces you to leave without any fair reason or any reasonable explanation. Moreover, if the employer did not follow fair dismissal procedures then also you it will be unfair on their part to terminate your services.  Your dismissal might also be automatically adjusged as unfair if you are sacked for the reason that you tried to claim one of your statutory employment rights. If you are forced to leave following the disruptive breach of contract by your employer, then it will be considered as wrongful dismissal.

What are the fair grounds for dismissal?
Your dismissal can be proved to be on fair grounds, if your employer provides one or more of the following reasons:

  • Capability (e.g. skill, attitude, health or qualifications)
  • Competence
  • Qualification
  • Conduct
  • Redundancy
  • Contravening the law
  • Breach of a legal duty or restriction if you continued to work
  • Other substantial reason to justify dismissal
  • Retirement

Besides, the size and resources of your company or employer will also be considered by the Tribunal, while adjudging whether the dismissal was fair with regards to the circumstances. The Tribunal might also take into account the investigation and dismissal process, before arriving to any conclusion.

What are the fair procedures of dismissal?
There are several reasons that can deem a dismissal as fair. Your employer is to required to follow disciplinary procedures, including informal warnings leading to written warnings and then sacking, while considering your dismissal. A Code of Practice on grievance and disciplinary procedures has been provided by the Labour Relations Commission.
You have the right to know the allegations against you and should be called on for a disciplinary meeting on prior notice. You must also be allowed the right to represent your case and appeal against your dismissal, escorted by a colleague or trade union official.

What can I expect after making claim against my unfair dismissal?
The Employment Tribunal might order any of the following, in case it is proved that, you were unfairly dismissed by your employer:

  • Restoration to your original job
  • Re-engagement in other suitable employment
  • Monetary compensation

 

 

 

 

 

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