Here at Sheppersons Solicitors we deal with all types of employment law. We represent both employees and employers, so we can help you whatever your circumstances.
We offer a fixed fee initial consultation. Please contact us for more information.
Dismissal – What is Unfair?
An employer has to show that any dismissal was for one of five permitted, legitimate reasons.
- Conduct or illegality whilst at work
- Capability or qualifications to do the job
- Statutory regulations prohibiting continued employment
- Some other substantial reason which justifies dismissal
Has my employer followed the correct procedures in dismissing me?
Many unfair dismissal cases are successfully made by employees because employers did not follow the correct procedures.
If your Employer is going to dismiss you they need to follow a fair and consistent procedure. This should include:
- Advising you that they are starting a procedure that may result in your dismissal
- Inviting you to a meeting to inform you of their decision, followed by notice in writing of that decision
- Giving you the right to appeal against their decision
Making a claim for Unfair Dismissal
Employees have the right not to be unfairly dismissed. If you feel that you have been unfairly dismissed, you have three months from the date of termination of employment to make a claim. To bring a claim you may need to show that you have been employed for at least one year (or two years if your employment commenced on or after 6th April 2012)
In certain cases there is no need to show employment for one year or two years. This is when the dismissal is automatically unfair, being that it was done for one of the following reasons:
- Pregnancy / maternity / childbirth related
- Trade union activity related
- Asserting your statutory rights
We offer a fixed fee initial consultation where we can assess your case and tell you if you have a case for unfair dismissal. If we decide to pursue your case then we can advise you on the potential costs involved.
Contact us today to speak to an experienced Employment Law Solicitor.